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Pennsylvania Probate Legal Questions

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156 legal questions have been posted about wills and probate by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Probate Questions & Legal Answers
Do you have any Pennsylvania Probate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 156 previously answered Pennsylvania Probate questions.
Wills and Probate
Pennsylvania

Recent Legal Answers

How do I buy the other half of my late dad's ground that we co-own'

Answered 8 months ago by Mr. Seth Joel Meyerson (Unclaimed Profile)   |   1 Answer
You need to pay the owner(s) for the land. WHo owns it? Are they deceased? Is there a personal representative appointed to represent the estates of the deceased? Go see a probate attorney.
You need to pay the owner(s) for the land. WHo owns it? Are they deceased? Is there a personal representative appointed to represent the estates of... Read More

Does any attorney in Harrisburg area do a contested will on contingency?

Answered 11 months ago by attorney Gregory M Lane   |   1 Answer
Your post is not completely clear but sounds as if you are looking for help to challenge the validity of a Will or theway the estate is being didtributed to Beneficiaries.  Let me begin by stating that I do not represent Beneficiaries or Heirs on a contingency basis, only hourly.  I am not aware that a contingency fee would be prohibited so it is possible there are attorneys who do so.  I suggest using the Find a Lawyer section of this website or the Daupjin County Bar Association referral service to find a Probate lawyer.  You will then hear from attorneys like me who practice in this area of law who can advise what to do and how fees are structured.... Read More
Your post is not completely clear but sounds as if you are looking for help to challenge the validity of a Will or theway the estate is being... Read More

Is it legal for my relative to send me letters every year?

Answered 2 years and 5 months ago by Mr. John Michael Frick (Unclaimed Profile)   |   2 Answers
Yes, it is legal.  My recommendation is to stop opening and reading letters from your aunt that arrive near the anniversary of your father's death.
Yes, it is legal.  My recommendation is to stop opening and reading letters from your aunt that arrive near the anniversary of your father's... Read More

Does a husband's will cover a wife who has no will if they die simultaneously ?

Answered 2 years and 10 months ago by John B. Whalen, Jr. (Unclaimed Profile)   |   1 Answer
... no ... she should prepare her own Will ...
... no ... she should prepare her own Will ...

How can I get a probate for someone that has passed away years ago?

Answered 3 years and 2 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
It is true that the only way to transfer ownership of a decedents assets is through probate.  Moreover, you will need to defend the foreclosure case but should set up an estate ASAP to assure you have authority to act on behalf of the estate.  To that end, you should consult an attorney who handles trusts and estates.  Depending on where you are located, I am happy to refer you to someone. I trust this answers your questions, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More
It is true that the only way to transfer ownership of a decedents assets is through probate.  Moreover, you will need to defend the foreclosure... Read More

What do you have to do to sell a house you own jointly with someone who died

Answered 3 years and 2 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
It depends on the nature of ownership.  If the deed reflects joint tenants with the right of survivorship, there is no action for you to take.  The title company will simply need a copy of the death certificate to prove you are now sole owner.  However, if it is owned as tenants in common, an estate must be opened and the estate will be the co seller. I trust this answers your questions, but do not hesitate to call or email on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More
It depends on the nature of ownership.  If the deed reflects joint tenants with the right of survivorship, there is no action for you to... Read More

How do I claim the deed to my house after my mother passed away?

Answered 3 years and 2 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
You would need to open an estate and, assuming you are the beneficiary, the estate can deed the house to you. I trust this answers your questions, but do not hesitate to call or email on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More
You would need to open an estate and, assuming you are the beneficiary, the estate can deed the house to you. I trust this answers your questions,... Read More

can the executor sue a beneficiary for not signing a release & indemnification form

Answered 3 years and 5 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
I strongly advise obtaining an estate attorney to represent you as a beneficiary.  The first step any such attorney will take is to review the docket and pleadings.  That way, this and any future questions can be answered promptly and allow you to have peace of mind during the process.   I trust this answers your questions but do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More
I strongly advise obtaining an estate attorney to represent you as a beneficiary.  The first step any such attorney will take is to review the... Read More

Does a will need to be done thru a lawyer? And would it need notarized?

Answered 3 years and 6 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
The quick answer is no, but legal representation is strongly advised, especially considering the relatively low cost.  A Will must be in writing and signed before 2 witnesses who must also acknowledge the same.  The best practice, is to have this all accomplished before a notary to assure the witnesses will never have to appear in court.    I trust this answers your questions, but you are welcome to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More
The quick answer is no, but legal representation is strongly advised, especially considering the relatively low cost.  A Will must be in writing... Read More

My cousin lost her brother.

Answered 3 years and 7 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
A Power of Attorney only allows the agent, working for whomever authorized it, to take actions on behalf of a living person.  Once that person dies, the Power becomes null and void.   There are 2 methods to administer a decedents estate, with a will or without one.  In the former case, you must possess the original will signed by 2 witnesses and notarized.  If that cant be found, an estate can be opened without one.  However, the beneficiaries will be governed by intestacy laws which dictate who may inherit.  I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read More
A Power of Attorney only allows the agent, working for whomever authorized it, to take actions on behalf of a living person.  Once that person... Read More

My husband passed away and had no will and he is on my car title and registration. How do I go about having that removed.

Answered 4 years ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
Here is the link to PennDOT’s fact sheet describing the procedure for transfer. https://www.dot.state.pa.us/public/dvspubsforms/BMV/BMV%20Fact%20Sheets/fs-vehtrans.pdf I trust this answers your question, but feel free to call or email me on a free initial basis.      Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com  ... Read More
Here is the link to PennDOT’s fact sheet describing the procedure for... Read More

My dad died without a will but told us what he wanted done how do we proceeded

Answered 4 years and 2 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
Anyone who dies without a will in PA, may have their assets distributed through probate under intestacy laws.  Those laws govern distribution.  You will have to open an estate and proceed from there. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com ... Read More
Anyone who dies without a will in PA, may have their assets distributed through probate under intestacy laws.  Those laws govern... Read More

And parents die and they have two children which child has control over the house and money

Answered 4 years and 2 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
If your mom died without a Will, the Intestate laws are triggered.  The state dictates who the beneficiaries are, which usually begins with surviving parents.  I believe you and your sibling would share equally.  However, one of you must open up an Estate at your County’s Orphans Court.  That person would be appointed administrator of the Estate and generally has wide discretion provided that the Estate is divided equally as the administrator is a fiduciary for the Estate, not just their own interests. I trust this answers your questions, and, if you live in the Delaware Valley, do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com  ... Read More
If your mom died without a Will, the Intestate laws are triggered.  The state dictates who the beneficiaries are, which usually begins with... Read More

How do i gain possession of the house or get back what i put into renovating it

Answered 4 years and 3 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
I regret that you have a severe uphill battle which you will likely lose.  As your fiancé passed away, all of his property became property of the Estate which I trust his father is administering.  Since there is no Will, Intestate laws dictate distribution.  I believe parents take first and the house will become his property.  He may then keep it or sell it as he wishes and can certainly decline selling it to you.  Your only potential claim against the Estate is unjust enrichment for reimbursement of the funds you invested.  The argument would be that your fiancé knew or should have known he was going to reimburse you with funds or an interest in the real estate.  However, the Dead Mans Statute may very well preclude any evidence of what he may have said to you at any time.  If you wish to make a claim, you should seek estate counsel ASAP. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More
I regret that you have a severe uphill battle which you will likely lose.  As your fiancé passed away, all of his property became... Read More

How to contest a will

Answered 4 years and 4 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
A written will is the only method to bequeath assets to a beneficiary after death.  If the brother had power of attorney, as long as he acted in his brothers interests, he was free to take whatever action he deemed appropriate including selling assets.  If you are not mentioned in the will, you have no claim to any of the estate. Creditors are a different matter.  If he owed you money, you can file a claim in probate seeking a share of the estate in that manner.   I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.        Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More
A written will is the only method to bequeath assets to a beneficiary after death.  If the brother had power of attorney, as long as he acted in... Read More

I just found out that my sister lied about our fathers assets and I'm named as a beneficiary, equal shares. How do I find out how much she stole

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will has no legal effect until it is admitted to probate.  If the Will has not been submitted to a court for probate, seek the assistance of a local probate lawyer.  Then ask the court to issue a turnover order, ordering your sister to turn everything over so that it can the assets can be assembled, the debts paid and the remainder distributed according to the Will.  Note that life insurance only passes under the Will if there is no named beneficiary.... Read More
A Will has no legal effect until it is admitted to probate.  If the Will has not been submitted to a court for probate, seek the assistance of a... Read More

My father just passed. Am I responsible for paying inheritance tax that he neglected to pay?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
The tax must be paid out of his estate, just like any other debt, before anything is distributed to anyone.
The tax must be paid out of his estate, just like any other debt, before anything is distributed to anyone.

Any way I can disperse funds w/out all signatures on informal accounting?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
No.  You may well need to talk with your probate lawyer about a formal proceeding.
No.  You may well need to talk with your probate lawyer about a formal proceeding.

How do I know if my Lawyer is legitimate

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
If this person is not registered with the state bar (and you might want to call to make sure), he or she is most likely not a lawyer.
If this person is not registered with the state bar (and you might want to call to make sure), he or she is most likely not a lawyer.

I am a co trustee with my mom. if she passes I believe all of assets are passed to me. do I need to do probate? all assets are under the trust

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Assets passing by trust are not part of the probate estate.
Assets passing by trust are not part of the probate estate.

Does $$ borrowed from a person have to be deducted from their share of inheritance?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
If the note is not a self-cancelling installment note, you now owe your mother's estate what you once owed your mother.
If the note is not a self-cancelling installment note, you now owe your mother's estate what you once owed your mother.

Am I getting screwed over?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Talk with a local probate lawyer.  It is more than likely that an action must be had in surrogates or probate court to transfer your mother's interest to her heir(s).
Talk with a local probate lawyer.  It is more than likely that an action must be had in surrogates or probate court to transfer your mother's... Read More

Can next of kin assign stepdaughter as executor of estate?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
There is no requirement that the personal representative of the estate be a blood or marital relation.
There is no requirement that the personal representative of the estate be a blood or marital relation.

Can I sign stepson’s title as poa can I sign against his wishes

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Being agent under a Durable Power of Attorney does not give you authority to countermand the wishes of the person who named you his agent.
Being agent under a Durable Power of Attorney does not give you authority to countermand the wishes of the person who named you his agent.

Can executor add their name to a dead’s person deed, and make it like the property was given to them without the deceased signing it over to them.

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
The executor's duty is to collect the property, pay the debts and distribute the rest according to the Will.  This includes evicting anyone who may be staying in the home without a valid lease. An executor is prohibited from buying from the estate. You may want to talk with a probate attorney who practices in the county in which your mother's Will was probated.... Read More
The executor's duty is to collect the property, pay the debts and distribute the rest according to the Will.  This includes evicting anyone who... Read More
Wills and Probate
Pennsylvania

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