Pennsylvania Estate Planning Legal Questions

First off, the disposition of your life insurance is a broader estate planning question that should be answered after taking into consideration your family situation, your assets and how they are titled and whether you have a will currently.  I'd suggest that you retain an estate planning attorney to review all of that information so that you can receive informed estate planning advice.  As to your direct question about whether the studen loan companies could pursue your children to recover for unpaid student loans of your wife, my answer is "probably not".  If your wife is the sole obligated party on those loans, then neither you or your children have any duty to pay off those loans.  There is no law that requires you to list your wife as beneficiary on your life insurance policy.  If you or the kids are somehow contractually obligation on the loans, then my answer would be different. ... Read More

if it was mom's house, in her name, and you are not an heir of hers in her will, or by intestate law, then you have no rights to the home. The executor will treat the home as estate property and if it necessary to sell it, the estate must sell it. You should consult with a lawyer in person who can look at the paperwork and maybe look up the estate on line or at the court to fully inform you of your options.... Read More

I think you should have an attorney review the paperwork. However, if you did not co-sign the loan, you should not be personally liable. Even if you open and estate in his name, you will not be liable, only his estate. This will not stop the lender from harassing you however. Some lenders try to bully and threaten persons in your situation into paying.... Read More

You have no rights for him with the exception of filial rights in PA. This means a child can be responsible for a parents medical bills if the parent was indigent. Since you were so estranged, I doubt if this could be enforced against you. Also, unless he has a will in which he cut you out of his estate, you can inherit from him as an heir under the PA intestate statute.... Read More

Hard to tell what is going on here. I would see a lawyer and give him or her all of the details. I don't understand why the lawyers didn't make the estate the successor plaintiff nor file a claim against the estate of your husband. If you die, someone should open and estate and if that is done, the settlement will be paid to your estate and the attorney should be paid from your estate.... Read More

I do not have all the facts here. You have given a lot of information but more specific information is needed. Generally, if an estate was not opened, and the potential heirs just want to walk away from the type of house your are describing, I usually advise them to. Consult with a lawyer so he or she can review the deed, will and all documents and facts.... Read More

If you are the executor, you do not have to supply heirs with any documents of the estate. As a way of appeasing him, you can tell him, look, this is the situation, the estate has x money. There is potentially x amount due in taxes and expenses. There may be x amount left to distribute barring any other unforeseen expenses or taxes. I cannot give you a certain figure. If you want more information you will need to see a lawyer. That is all I can tell you.... Read More

If the will is otherwise legal-signed at the end and witnessed, someone could file it. As a spouse, you would then file a document titled Election Against Will which would allow you to claim 1/3 of all property acquired during the marriage. However, the will only covers property in his name only. If, as you say, all of his property is jointly held or by the entirety held with you, then you will inherit all of that joint property. If that is the case, perhaps the will really is not an issue as there is nothing passing into his estate.... Read More

I assume you are asking if there is a joint account with"her" and one child named on the account, who inherits it when she dies? If it is a titled as joint tenants, when she dies, the account goes to the surviving tenant named on the account. It does not go through her estate to the other heirs.... Read More

If you transfer the entire interest to him and you survive one year after the transfer, he will not pay inheritance tax. If you reserve a life estate in the deed, with language that allows you to live in the home until you can no longer do so or die, he will pay inheritance tax on the value of the life estate. You should sit down with a lawyer to discuss this in detail. There are other considerations when transferring your home to a child such as you may lose your Homestead exclusion, if applicable, and senior citizen discounts on realty taxes.... Read More

I would let an estate lawyer look more closely at this. Generally, a deceased person's debts become the debts of his or her estate only, and are not the responsibility of his or her heirs. Exceptions can occur where the next of kin sign for treatment as a guarantor of payment for medical services. Another exception is where the deceased person was receiving Medicaid, Medical Assistance, etc. In that case, a medical recovery against the marital estate could happen and there are exceptions and exclusions to this which are too complicated to address in this email. I would not pay a single bill until this is reviewed by an estate attorney.... Read More

Not enough information here to answer. Has an estate been opened? If so, will there be money to disburse after expenses and taxes are paid? If an estate was opened, you should be able to ask the attorney. If not opened, you may want to get an answer from your brother. If he won't tell you, consult with an attorney.... Read More

You will need to find someone to sell it or give it to. If there is a mortgage, you may not be permitted per terms of the mortgage to sell it. If no mortgage, you can sell it to someone for whatever amount, or even give it to them. To get your name off the deed, a new deed which transfers ownership to that person, will need to be prepared and filed. The new owner will take the property subject to all the the liens and unpaid taxes.... Read More

The head of the estate is called the Executor or Administrator. Executor if he or she is appointed in the will. Administrator if there is no will, or for other reasons that the named Executor cannot qualify. If there is no will, and therefore no named Executor, the court can appoint an Administrator. Next of kin can petition the court for appointment as an Administrator. So, unless one all the siblings agree on who should be Administrator, the ones that want to be Administrator, can fight it out in a hearing before the Register of Wills. I would suggest you all meet with an attorney who can tell how this works, otherwise this situation will get out of hand.... Read More

If she has a will, her personal property will be distributed to the heirs named in her will. If she had no will and no surviving husband, her property goes to her children and any child or children of a child of hers that predeceased her. If you all cannot agree on the distribution of this, you can hire lawyers and fight over it which will not be worth it.... Read More