Pennsylvania Probate Legal Questions

If a Will was filed for probate (proving), it is public document available (often online) at the county probate or surrogate's court.  If there was no Will, the heirs can still settle the estate by hiring a local probate attorney to file an application for determination of heirship and issuance of letters of administration.... Read More

You are very unlikely to be able to handle this without filing with a court and being represented by a lawyer.  Remember: creditors come before beneficiaries.  They, too, must be protected.  If the decedent had wanted the annuity to pass outside of probate, she should have named a contingent beneficiary.  If the decedent had wanted the bank account to pass outside of probate, she should have titled the account pay on death.  Even if these items had passed outside of probate, they would still be used to pay the decedent's debts.... Read More

Anyone can sue anyone for anything.  Whether they will succeed is another question.  People do sue for false reports. If you have evidence tending to show that your sister violated her fiduciary duties as agent under a POA (by gifting herself, for example). you might want to contact a local elder law attorney.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

If it is your father's second car (he can keep one), you must reimburse him for the fair market value of the car.  An uncompensated transfer is a gift.  If made within five years before the month in which your father entered the hospital/nursing home, it is seen as an attempt to qualify for Medicaid by benefitting family at the expense of your fellow taxpayers.  Remember: none of us ever paid into a Medicaid trust fund.  The money comes from general tax revenues.  Pay the fair market value of the car.  If that increases your father's assets above $2,000, use the money to buy things which he will need in the nursing home.  Many people buy a recliner, television, phone, slippers, socks and decorations or storage units.  Others prepay for services.... Read More

I'm not quite sure what your situation is from your description.  I don't understand why the will is relevant.  I'm assuming that the parent's name is on the deed to the property or he/she received the property upon the passing of the first parent.  As an owner, the surviving parent can do anything they want with the property.  I think I'd need to speak with you in order to clarify the facts of your situation before giving more specific advice.... Read More

Sounds like your concerns are well founded.  Is your son a minor?  If so, he should not be listed as a beneficiary outright because a minor cannot receive and old the money.  I'd suggest that you set up a small Custodial account with your bank for your son.  Then suggest that grandma name the custodial account, or you as the custodian of that account, to receive the policy benefits on behalf of your son if he's under 18 at the time of death.  If he's over 18, then directly to him.   Offer them whatever information you feel comfortable with. ... Read More

I'm sorry to hear of your father's passing.  There are legal and practical answers to this.  If the account was made joint prior to his death, it does not pass according to his Will.  The gifts in the will would have to be satisfied from other assets.  Its not unusual for spouses to own an account jointly.  You could challenge the change on the account in court but its a longshot to win plus it'll cost you more than $1,000 to litigate that.  Even then, it would put the money in the estate and the executor and creditors all get paid before any beneficiarires so there's no guarantee there'd be money left over to pay you.  You might simply ask your step mother if she's willing to "honor" his last wishes as expressed in the Will. ... Read More

I'm sorry for your mother's passing.  If the will is unsigned, it is likely invalid.  The estate can be administered by a family member.  Its in your interest that the administration commence.  You could offer to serve as a co-administrator with your brother.  Your mother's probate assets will pass via the law of intestate succession in PA. ... Read More

Whehter you can bring these claims depends on when you knew of them and the status of the administration of the estate.  If the estate went through audit, at that time notice is published and sent to any who might have a claim to bring those claims forth.  If you knew of the claims but failed to bring them forth at that time, you likely are out of time.  However, if you want a specific opinion, you should provide further detail to an attorney. ... Read More

I'm sorry for your loss.  I'm assuming that you are asking how you can go about obtaining information about your father's assets and how they might be administered.  its a chicken or egg question.  You don't have the information and in order to have authority to obtain the information, you must petition for an estate administration proceeding to be opened and be appointed as the administrator of the Estate.  That will cost a bit of time and money.  There is no registry for the information that you seek so it'll be a bit of a fishing expedition.  The challenge is whether you want to front the costs of opening an Estate without knowing if your search will bear fruit. ... Read More