Pennsylvania Probate Legal Questions

Have you checked with the Missouri state bar to see if he's still licensed?  If he is, they'll have contact information for him.  You can raise an estate without a will.  If you need assistance with that, feel free to contact me.  That discussion is beyond this Q and A forum. ... Read More

You could petition to open an estate for your mother.  That will either result in you becoming person rep and you can subpoena a copy of the will from the husband OR the husband will cough up the will and open the estate based upon the will.  However, it's possible that your mother's assets passed to him outside of the terms of the will via joint accounts, beneficiary forms, etc. ... Read More

If you have a divorce attorney, I recommend that you consult with that person on this issue.  You should have a new will done immediately.  You won't be able to defeat your spouse's economic claims -- they will survive your death.  By law, he would not be treated as your spouse if you passed away without a will.  However, best to have a will that specifies your wishes.  You can do that now.... Read More

When you say contest the will, do you mean that you don't think the will is valid and want it invalidated so that her prior will or the laws of intestacy prevail?  What exactly is your complaint about the situation?  Contesting a will is quite difficult -- a very high standard of evidence is required to invalidate a will.... Read More

I'm sorry to hear of your loss.  This always starts with taking an inventory of the assets to determine if you need to offer the will for probate or not.  This forum isn't appropriate to give you step by step instructions.  You are best served by retaining local counsel to help you with that analysis and probate process, if necessary.  A couple of important deadlines regarding inheritance tax:  the inheritance tax return and tax is due to be paid in 9 months from date of death.  if you make a payment w/in 3 months of death, you get a 5% discount.  So no time to delay. ... Read More

I'm sorry for your loss.  Will readings are not typically done any longer.  Once the will is offered for probate, the personal representative is required to provide notice to beneficiaries of the estate administration and send you a copy of the will.  It's possible that your brother has already offered it for probate and didn't tell you.  You might consider calling the register of wills and ask if your mom's will was offered for probate.  If he hasn't, you can present a petition seeking to compel him to produce the will and offer it for probate.  So the timing is something you can control.  That all being said, some assets do not pass according to the will.  Assets held jointly, such as bank accounts, might pass to the surviving account holder.  The contents of the will won't change that.  So probate might not be all that important in your Mom's instance.  I'd need to know much more information about the titling of the accounts and mobile home to answer more specifically.  Retain counsel to send your brother a letter demanding a copy of the will.... Read More

The living expense claim has merit.  its one of several factors that will be used to determine how to split the net proceeds of the sale of the property.  You can't live in a house owned by others for free.  However, everyone also has a duty to cover expenses.  If the resident lived and covered all the expenses, those expenses will be used to offset any amount that person owes for living there.  Usually the net effect is a minimal adjustment to the split in proceeds.  In other words, the claim is usually not a huge deal in the end result. ... Read More

Hunh?  Let me make sure I understand.  There is real estate.  Owner is deceased.  Survived by no spouse, only children.  Any children who were alive when the owner passed away would have been intestate beneficiaries of the Owner's estate.  Any child who predeceased the owner would have no share of the estate.  Assuming that a child died after owner died.  That deceased child's estate would be entitled to his/her interest in owner's estate.  That share would pass according to deceased child's will or intestacy if no will.  Confusing enough?... Read More

If your father never signed the will (versus knowing he signed the will and all you have is an unsigned copy), then its not a valid will.  His estate will pass either by a prior fully executed will or via the law of intestate succession.  You should consult with an attorney who can get more facts and tell you how that would all work out.  maybe that would be acceptable to all of you and you don't need any extraordinary efforts concerning the will. ... Read More

Partition actions have two parts.  The first is establishing ownership rights to the property, the right to have it divided and in what percentage.  The second is allocating costs/expenses arising from the property and proceeds of the sale.  Sometimes one person buys the other person out of the property and the partition action establishes the net price to be paid.  Often neither party can afford to buy the other out.  If that's the case, the property goes up for sale to the open market.  sometimes it sells, sometimes not.  So a partition action isn't always going to solve the problem.  its also a very expensive way of resovling the dispute.  You should expect to pay an attorney fees and costs in excess of $10,000 for this proceeding, and possibly more if its contested.... Read More

I'm sorry to hear about your father's passing.  If you think that your father has assets that must pass by virtue of the contents of his will, then initiating a probate administration of his estate is appropriate.  Do you know whether your brother has the will?  If he does, you can file a petition with the court directing him to produce the will and open the probate.  If you don't know who has the will, you can always seek to have yourself appointed as the administrator of the estate.  In any event, you may want to file a caveat with the register of wills to ensure that nothing happens with your father's estate without you knowing in advance.  You should consider retaining an attorney to assist you with your rights and with the estate.... Read More

I've included a link below to the Allegheny County Bar Association's DIY Living Will kit.  I would recommend that you retain an attorney to prepare a will for you or purchase a membership with LegalShield (a will comes with your membership).  You should estimate $150-$300 to have a will prepared by a private attorney. https://www.acba.org/portals/1/pdf/LivingWillPowerofAttorney.pdf  ... Read More

I think your question got cut off.  It is very difficult to acquire property by adverse possession.  It requires active and open possession and use of property without the consent of the owner for 21 years or more.  Even then, a legal proceeding will be necessary to confirm ownership of the property in question in the name of the claimant.  Usually it is no practical for folks to pursue adverse possession claims.  The claims are many but the actualy cases that are filed and won are rare.... Read More

The answer to your question will be evident after you pass away.  It's difficult to answer it now and especially without seeing the will or knowing more about your assets.  I would not recommend naming co-executors of a will if that's what you've done.  My philosphy is one chef in the kitchen at a time.... Read More

I'm sorry to hear of his passing.  I have a close friend who went through this very problem.  did you have power of attrorney of any kind for your fiancee?  Perhaps that would be accepted by the physician.  Short of that, you might have to petition to be appointed as the personal representative of his estate in order to obtain the legal authority to authorize the release of his records.  If there's enough in insurance benefits at stake, the cost and expense of opening an estate is probably worth it. ... Read More

I'm sorry to hear about your father's passing.  If you are willing to take the property, I would encourage you to engage in some due diligence to understand whether there are liens on the property, any problems with the title, etc.  Once you accept the deed, any problems become your problems.  You should retain an attorney to conduct a title search and examination and share those details with you.  Passing the property to you may also involve payment of inheritance tax or even realty transfer tax.  An attorney can give you an estimate of the costs you might expect for the transfer.  My firm does real estate and estate administration work all over Pennsylvania.  Feel free to contact me.... Read More

Yes, your father's surviving spouse is entitled to what is called an "elective share".  1/3 of certain assets.  The share applies to a variety of assets passing via the will and outside the will.  So one should take stock of what she is receiving via non-probate and under the will and decide which option is best for her. ... Read More

Most states, including Pennsylvania, have a law that allows a surviving spouse who is left out of a Will to claim an "elective share" of the deceased spouse's estate.  This must be done by filing an elective share claim with the probate court and I believe it needs to be done within 6 months of the deceased spouse's death or date that the Will is probated.  There is a somewhat complex formula for what assets are counted in this calculation, but it does not include life insurance or retirement funds.  If the deceased spouse owned assets jointly or died owning significant assets, it would be worth the wife's money to consult with any attorney.  ... Read More

Yes it is possible to contest the validity of a will.  That's a tough burden to meet.  You'll have to show that you mother did not have sufficient mental capacity at the time she prepared the will.  You'll have to present medical evidence to support that contention.  Barring a mental incapacity, your mother is free to divide her estate as she wishes, whether that is perceived to be "fair" or not by her beneficiaries. ... Read More