Pennsylvania Probate Legal Questions

Grandpas will should have trustee language as to what happens if you die before payment. Obviously, someone or some institution is holding this money in turst for you. You shold ask them if there are any trust provisions which address such a situation.  If they don't know, my guess would be that it is your money once disbursed to the trust account and upon your death would go to the persons named in your will.  ... Read More

Normally, when there is property to inherit, the executor files the will and an estate is opened. this is called probate. The will is on file with the county register of wills and you can look at the file. If the executor here is not filing the will, nor letting you see it, and, you think A) there is a will and B) you stand to inherit pursuant to it, your only remedy is to go to court. You will need to hire an attorney to file a petition to produce will. ... Read More

Your sister is required to administer your brother's estate in accordance with the terms of his Will and the laws of the Commonwealth of Pennsylvania.  If she is misappropriating assets or funds of the estate or making improper distributions, she may be subject to a surcharge claim by you and your siblings as beneficiaries/parties in interest.  If she remains uncooperative, I recommend that you speak with counsel and possibly Petition the Orphans' Court to demand an accounting from your sister, which is typically the first step in pursuing any surcharge claim against a personal representative who is believed to have missapropriated assets or made improper distributions. If you would like to discuss this matter in more detail, please do not hesitate to contact me.  (412)263-6073. Best, Charles B. Hadad, Esq. Feldstein Grinberg Lang & McKee, P.C. www.fglmlaw.com  ... Read More

Typically the registration can be conducted through the mail.  However, if you need to probate the Will in order to administer the probate assets, then the Register of the county where the Decedent resided upon their death will require the nominated Executor/Petitioner to appear in person to take an oath upon filing a Petition to Probate for Grant of Letters Testamentary.  If you have additional questions regarding estate administration, please do no hesitate to give me a call at 412-263-6073. Best, Charles B. Hadad, Esq. Feldstein Grinberg Lang & McKee, P.C.... Read More

It depends how the property was titled and it depends on the language of the wills.   If the property was titled between your father and your mother as "in the entireties" (as is usually the case between husband and wife), that would mean that upon your mother's death, the property became your father's fully, and then his will would rule.  If it was titled as "tenants in common" or not specified (unlikely, but possible), then your mother's will would dictate her share of the house and your father's will would dictate his share.  More than likely, your father's will will control, but it wouldn't hurt to consult with an attorney to be certain.... Read More

Ms. Vogt, You should contact the Monroe County Bar Association and ask for names of estate lawyers. Contact several to get an idea of fees. The fee depends in large part on the size of the estate and the complexity of the administration. Some lawyers have flat fees, others charge by the hour, and some will charge a percentage of the estate. Also, fees in Monroe County shouldn't be compared to those in Cumberland County, where I am. Good luck. Richard Koch... Read More

There is no "set" fee.  It is usually a small percentage of the value of the estate, depending on the value of the estate.  It could also be done hourly.  Many times, executors don't take a fee if they are a beneficiary under the will.  The fee does have to be "reasonable", and the amount can be challenged in the courts to determine its "reasonableness".  ... Read More

Eric, What is the basis of their claim? Do they have any proof of ownership, other than possession? That alone may shift the burden to you. Your best evidence will be receipts. If you don't have those, do you have charge bills or cancelled checks for the items? Another possibility would be testimony by a third party that the deceased mentioned in some way your ownership of the things. Witnesses as to your friendship with the deceased is not very useful. Good luck. Richard Koch... Read More

Without documentation of a life insurance policy (or some knowledge of the company with which he may have had a policy), you probably can't.  If there is a document or you know which company it may be, you would need to contact the life insurance company and provide them with a death certificate.... Read More

Your situation requires more discussion than this forum can provide.  Go see an attorney who handles estate cases.  My guess is that there's not much that can be done, and that even if you did pursue something, getting any kind of favorable result would be very difficult and expensive, but go talk with someone just to give yourself some peace on the issue.  Many attorneys will give you a free consultation.... Read More

I don't know that a social networking account is an asset, as it has no monetary value.  I believe it would be handled according to the contractual terms with the networking site.  Without knowing more, my guess is that the contractual relationship is limited between the person and the networking site, and it is not, as such, "inheritable". ... Read More

Dear PA, Wills are public documents.  When someone with a will dies, the person in possession of the will has a legal duty to file the will with the clerk of the circuit court within 30 days.  Once filed, that will becomes a public document unless sealed by the court.  Even if the family is not required to open probate, if there is an existing will, they are required to file it.  Because it's a public document, you can go down to the court house and pay a fee to get yourself a copy....and see what everybody got.  Now, if the person dies and has a trust instead of a will, that is a completely private document and you'd only know if you're in it if the Trustee so advises you.  Hope that helps and best wishes to you.... Read More

I'm not sure what you are asking here.  You can't do much to stop your brother from being cocky and nasty.  If your mother has capacity, she can change her Power of Attorney, and she can choose whether or not to listen to him.  If she does not, for example, if she has dementia, you could petition the court to have the current Power of Attorney revoked and be appointed guardian of her.... Read More