Category Archives: Estate Law

What happens with his car, if he dies?

Q: What happens to a child’s car if the child dies (it was paid for) and the only name on the title is the child’s? In case something happened to him, what would happen to his car ?

A: If there is a loan on the car, the bank can repossess the car, reclaim it actually. They would sell it and if any money was due your son they would issue a check to either his estate or his next of kin. My experience is that you can probably talk them into issuing a check to the next of kin if you sign some releases. If he owned the car, and therefore there was no lien on it, you can probably get AAA to transfer the title to his next of kin. It will be easier if he has a will which states who inherits from him. That way, you can take a copy of his death certificate and will to AAA and they will be more likely to transfer title. If you think he will die soon, you should hire an attorney to draft a will for him. Good luck!

What do I do with the Petition for Settlement of a Small Estate?

Q: I just received a petition for settlement of a small estate. What do I do now? I’m one of the 3 heirs of my mother’s estate. My stepfather is the one taking care of this business. There is also a waiver of a 20-day notice sheet and an ‘order’ sheet. Are these basic forms to be signed in order to get what she left behind? Is there anything I should look out for?

A: Settling an estate by small estates petition is less time consuming and less expensive than settling and estate by filing for probate then closing the estate informally by the filing of a Family Agreement or formally by First and Final Account with the court. It is used when the assets are under 25k and do not include real estate. You have the right to not agree to this and hold it up if you want. However, you should call the attorney and ask him how much you might receive, if any, and exactly what assets were left by your mother. If you are not satisfied with his explanation or he won’t return your call, you can either 1) consult with an attorney who will do this for you or 2) show up in court on the date of presentation of the petition (for which you will receive notice) and express your dissatisfaction to the judge. The judge will set the matter for a conference, at which time your questions hopefully will be answered.

 

Is she liable for husband’s debts?

Q: My friend’s husband died recently and she has found out that he owes over $600,000 to various companies. For example, he had borrowed $ 10,000 from the firm. Since he did not pay it is now $ 31,000. Is the wife liable to pay the firm the total $ 31,000 even though she was not party to this. Also, what other advice you have for the spouse? Should she hire an attorney to deal with the finances?

A: Generally, the heirs of a deceased person are not liable for the debts of a deceased person. There are exceptions such as if she co-signed notes or agreements or in some way it can be proven that she was involved directly or indirectly in what sounds like possible a misappropriation of employer money. An estate may need to be opened. If there are insufficient assets of the husband to pay the debts, the court will discharge the claims. She should contact a lawyer. It may be wise to proactively open the estate now, so others are on notice that he is deceased, the estate and only the estate is responsible for his debts. If debts exceed assets of the husband’s estate, it will be an insolvent estate. In many ways an insolvent estate is handled like a bankruptcy in that preferred creditors will be paid first and then other creditors will be paid a certain amount on each dollar, if there is any money at all remaining to pay them after estate expenses are paid.

Will I inherit from my grandmother?

Q: My grandmother has passed away and has a Will that the four of her remaining children have shared upon each other. She had a total of 6 children but 2 have passed away. My mother is one of those two that has passed. I found out that my mother’s name is mentioned in that Will but have not been told anything about it by her remaining children. I do not know what the Will says exactly but if my mother is not present, does one of her children have a right to represent her? Do we have a right to read the Will? One of her eldest children is in power of the whole situation and is not willing to share any information.

A: If the will leaves part of the estate to your mother who predeceased grandmother, and doesn’t provide for an alternate heir in the event your mother predeceased the grandmother, her children would stand to inherit in equal shares assuming she is not married and has children. Some wills provide for an alternate beneficiary if a beneficiary of the will dies before the testator. If the will is silent on this, then PA intestate law takes effect, and the mother’s share passes down to her lineal descendants-children-if she has no spouse. You need some answers so it might be wise to have an attorney look at the will. If it was filed which normally means an estate was opened for your grandmother, the will should be on file in the Register of Wills.

 

Am I entitled to my deceased mom’s share of my deceased grandma’s estate?

Q: My grandma died 8 years ago and named my aunt the executor of her estate. My grandma’s house remains unsold. My mom died 6 months ago and I am her only child. When the house is sold, am I entitled to my mom’s share of the proceeds from the house sale? Or does it go to the only remaining surviving children? I don’t know if there is a will.

A: It depends. If your mother was an heir of her mother by intestate succession or an heir in her mother’s will, then, if you were an intestate heir or an heir named in your mother’s will, you may inherit the house or a portion of it. However, I nor any other attorney can answer this properly without knowing all of the facts. I suggest you consult with an attorney and do it now. If this house is just sitting there and no one has paid inheritance tax on it, there could be problems.

 

How can I give my inheritance check to my daughter?

Q: I inherited some money, $8,000.00 from my boyfriend’s estate. I want to give it to my daughter but was told that I cannot do so.

A: Once you inherit the money, you can do whatever you want with the money, as it is yours. Make sure the estate paid the inheritance tax and any income tax arising from any estate asset. If the estate did not pay taxes, you may continue to be responsible for payment and you may be giving your daughter a gift that is subject to inheritance tax. If not paid, it will accumulate interest and penalties, and you could be summoned to court in the future. The one exception to this is if you are receiving Medicaid benefits or will be doing so within the next five years.

 

Who gets what in Mom’s will?

Q: My Mom and her husband of 33 years built a home during their time together. Later, he died and left everything to her. Her will stated that all of her Jewelry, clothes, antique furniture went to me. I was told that since she remarried 7 years ago that the old will is no longer any good. I was also told that the house now goes half to her new husband and half goes to me. He says that he thought it all went to him. Can you please help me?

A: Mom’s will determines who inherits from her. If she has no will when she dies, state law , the intestate succession statue, determines who inherits from her. Most likely, this will be the first $30,000.00 to the spouse and the balance of her estate to be split between her spouse and her children. If mom’s will leaves everything to you and excludes her new husband there is a statute, the election against will statute, that allows a spouse who has been excluded from the other spouses will, to claim an interest in one-third of the estate of the deceased spouse. I am not sure if your mother has passed or not but it sounds like all of you should consult with an attorney.

 

Can my brother challenge my Power of Attorney?

Q:  I have POA for my mother, and I am the executor of her will. When she sold her home, (she lives with my husband and I) we split a home. All 3 of us are named on the deed. My brother is wanting the house to be listed as part of her estate. Can he take us to court to make that happen? We intend to buy out moms half when we all move there when I retire in 5 years. For now it is a vacation home.

A: My thought would be that he could challenge any transfer done by you via the POA or by mom when she was under your care. But, he would have to prove that she was incompetent at the time or under undue influence or coercion. This is hard to prove and any attorney he may speak with will advise him so. These types of allegations need to be proven by clear and convincing evidence. I do not have all the facts here and am not entirely sure I understand your situation. I highly recommend that you speak with an attorney with whom you can share all of the information.

Do we need a lawyer? My husband has dementia.

Q: My ex husband has dementia, cancer and emphysema. He is in a nursing home, temporarily. My two daughters who will oversee him are both disabled and really need advice on what to do. Do they need a lawyer? They are overwhelmed and don’t know what to do. Thank you.

A: You should speak with an elder law estate attorney immediately. You may need to find another POA or Guardianship Petition, other than your children. If you cannot find such person or another family member or trusted friend, the court can appoint an agency to do this. You really need to discuss these options and other concerns, such as Medicaid, with an experienced estate attorney.