Pennsylvania Probate Legal Questions

Without seeing the document, it's impossible to tell.  You should have asked a lawyer before signing.  That said, from the wording you used, it sounds like there is not a will.  If a will was involved, there would have been an executor assigned, not an administrator.  An administrator needs to be appointed only when there is no will.  It sound like you signed that you would not be acting as the administrator, allowing someone else to do it.  ... Read More

I'm not sure what you're asking, but it seems that you are saying that your child's father is deceased and he left a car behind.  For small assets, like a car, you can have an administrator appointed by going to the courthouse with the death certificate and opening a small estate.  The administrator should probably be a family member.  If there is no family, you, as the mother of his heir, may be able to act.  The car could be sold and the money put in trust for the child.  This should not be very costly.  Go to the courthouse and talk with the Register of Wills office.  They should be able to help you.... Read More

You can create a trust that spells out how your grandchildren will get the money.  In there, you can put age restrictions.  You also name a trustee who is responsible for administering the terms of the trust.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

It sounds as if your mother is still alive.  If so, there is nothing you can do currently.  Once she passes, you can contest the will, but it does not mean that you will win.  If your mother is of sound mind, she can choose to have her assets go to whomever she wishes and she can disinherit anyone as well.  She can also change her mind a million times.  Whichever will is in place at the time she dies will likely stand.... Read More

The purpose of probating a will is to be able to pay off debts, to pay estate taxes and to distribute any remaining assets to heirs.  Since it seems there are no debts or assets at the present time, it makes no sense for you to file her will.  Should you decide to publish her writings, I think you should consult with an attorney beforehand regarding contractual arrangements and to discuss this handwritten will.... Read More

No, you don't need to have the witnesses re-sign.  The fact that there were two witnesses allows the will to be self-authenticating (meaning you don't need to prove that it is indeed the decedent's signature).  That's really the only reason for the witnesses.  If there is a challenge to the will, it might be necessary to locate either the witnesses or the attorney who prepared it (or the notary),  as it is usually done at the attorney's office or in the presence of a notary.  ... Read More

An executor of a will has no power to do anything with any property until the person dies.  However, you also say that her brother was given power of attorney.  Depending on the terms of the power of attorney document, it is very possible that he does have the power to sell things and/or give them away.  Although he has a fiduciary duty to do it for her welfare.  It is also possible that things need to be sold to cover her costs. As for any options you may have, you can ask the court to order an accounting.  You can also call the Area Agency on Aging in the area where her home is and ask them to investigate possible financial exploitation. As for your last question, a will does not usually set an Executor's fee, but there has been case law which has limited executor's fees to what the court has deemed "reasonable".  You should consult with an attorney who practices in elder law and/or wills and estates for more information.... Read More

I would not feel comfortable referring you to someone without more information (nor would it be ethical), and this really isn't the forum for referrals.  In addition, attorneys who practice in Pennsylvania generally have a limited geographical area in which they work, as every county's rules and procedures are different.  It's also likely that an attorney who is licensed in both states would not actually work in both states, since they are so far apart.  If you have an action that involves both states, you will likely need two attorneys to handle your circumstances. ... Read More

You will need to find an attorney to represent you.  I suggest you contact the bar association in the county where your father lives for a referral to an attorney in that area.  It is difficult to handle his estate from a different state, but it can be done, although it's likely that you would need to make the trip at least once, in order to start the estate process.  If you don't feel capable of acting, you can choose to resign your appointment, after your father dies and the will is probated.... Read More

Check with the county where the will was probated.  You should be able to view the file and the will that was probated.  If you were named heirs, you should have been included.  If you were not named, it would be reasonable that he has not been in contact with you.  After that, if you think something suspicious is going on, you should get your own attorney to represent your interests and/or file for an accounting.... Read More

The inheritance tax piece is part of the reason you get a lawyer to help with an estate.  They should do everything that needs to be done.  Generally, attorneys take a percentage of the entire estate as their fee.  Definitely shop around a bit for cost, but also make sure the attorney does a fair amount of estate work and make sure you feel comfortable with them.... Read More

I think your friends are right, but it is your parents who should consult with an attorney.  These documents are generally not very expensive to have prepared and your parents would be the ones taking care of the costs.  It is their decision as to who to appoint to handle their affairs.  The documents themselves, will tell you what you can and can not do, should they choose to appoint you, but a good power of attorney will basically allow you to act as if you are your parent(s).  As for health care decisions, a living will and/or health care Power of Attorney will also spell out their wishes, and hopefully, they have conveyed those to you, so that you would be able to act in their stead if they can not.  An attorney can guide you through all of this and it would be money well spent.... Read More