Tag Archives: ESTATE LAW

Can I inherit my mother’s mobile home?

Q: My mother passed away suddenly and the mobile home I currently live in it and it is in her name. She left no will but may have wrote something. I am also concerned with medical providers putting a lien on the home.

A: If you have no other siblings, or, have siblings that have no interest in the mobile home and will waive it over to you, you may be able to inherit it with some sort of small estate petition. Under PA law, mobile homes are not considered to be realty, but are viewed as personal property, like a motor vehicle. Small Estate Petitions can be used to settle an estate when the property is not real estate and does not exceed $50,000.00. You may want to check if there are any liens on it, or judgments against your mother that would attach to this asset before you get involved with it. I would talk to the trailer park people or association for information and take any paperwork you can to a lawyer. (West Mifflin, PA)

Am I responsible for my spouse’s credit card bills when he dies?

Q: If either spouse passes away is the surviving spouse responsible for credit card debt the deceased spouse rang up?

A:  Usually not, but more information is needed. Is the surviving spouse’s name on the card? Did the surviving spouse make purchases that can be attributed to him or her, or were the purchases for the benefit of both spouses or for the marital home? Did the surviving spouse sign anything or ever use the card? A consumer lawyer or even an estate lawyer may be able to advise you with more information. If the above questions favor the surviving spouse, then these debts are owned by the estate of the deceased spouse.

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.

 

What do I need to do to prove my father incompetent?

Q: He has moderate to severe Alzheimer’s. I have durable POA.He is becoming more paranoid. He lives with me and my family and I currently care for him full time. He speaks more frequently about taking out all his 401k money so he can see it and use it on a moment’s notice, sell his house and move out of ours. He is not capable of cooking, taking his meds, or transporting himself very well (as he has severe arthritis in his knee and uses a power chair almost exclusively. He has no driver’s license and continues to insist he can drive and will not relinquish his car. He is only fully lucid about 10% of the time.

A: The General Durable Power of Attorney is an extremely effective and cost efficient document to assist another person with their affairs. However, when that person becomes out of control, resistant and puts themselves or their assets at risk, you may need to file for a guardianship. This will involve obtaining an opinion from his treating physician that your father is unable to manage his own affairs. You really need to sit down with an attorney that does guardianships and review all of the information.

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.

 

Can father refuse medical treatment?

Q: Can my father, who is 95, in end stage renal failure but of sound mind, request that his pacemaker be deactivated. The cardiologist has refused. Can he be compelled?

A: He can request, but I doubt if a cardiologist would open himself up to potential litigation by doing so. The doctor took a Hippocratic Oath to sustain life. If such a move is likely to result in death to the patient it is doubtful the physician would put himself in an almost Dr. Kevorkian situation. Is there a Living Will in place? Did your father execute one in the past? If this documents exists, get a copy to the doctor and discuss life sustaining treatment with him.

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.