Tag Archives: probate

Does a will have to be notarized to be valid? Multiple wills?

Q: My dad wrote a will leaving his entire estate to me and my brothers several years ago. Since then he remarried. I’m not sure if he wrote another will or not. I’m just curious if the will he gave us is valid since it isn’t notarized and what happens if he wrote another will leaving everything to his wife acting as if that was the only will to exist. Would the latest one be the valid one? Would it come down to an ugly court battle if something ever happened to him?

A: A will does not have to be notarized to be admitted into probate, however, it makes the probate process easier. It is likely that the witnesses to the will, will need to appear in court to attest they witnessed the will, or provide an affidavit to the effect. Normally, the new will is the one in effect as the new will presumably preempts the prior wills. Most wills have language which states that all prior wills are revoked.

Are the kids responsible for mother’s medical bills?

Q: Mother accrued a lot of medical bills throughout her lifetime due to illness. She didn’t own anything but a vehicle and some personal belongings so her estate will not have much to pay back her debt. Her estate would mainly be medical bills prior to her getting on Medicare and Medicaid. Will her kids be responsible to pay those bills now that she has passed? Can they garnish our personal assets? (Beechview, PA)

A: Generally, person A is not liable for person B’s debts when person B dies, unless person A signed as a guarantor on a contract. However, PA does have a filial statute that holds next of kin liable for the debts of an indigent family member. However, in my practice, I have not seen it enforced. You may or may not want to open an estate. I would consult with an attorney with whom you can share all the facts before making that decision.

I need a lawyer to help me with my husband’s 401K, Pension, social security.

Q: My husband passed away 50 days ago at age 66. He took care of everything in the house. I have no idea about his 401K, pension, social security. He passed at age 66. He worked for Rockwell International for over 30 years. I was in huge shock. He almost handled everything in the house. I need a lawyer to help me sort it out.

A:  It is not unusual to need a lawyer in your situation. Most people do. At least you know that you need one. All you need to do is locate an estate attorney in your area. Ask around for a referral, talk to people who have used attorneys in these situations. What you describe should not be that complicated or expensive to handle. Rockwell should be able to help you identify his employee benefits, pension, etc., and assist you in at least getting started with the paperwork. An attorney can assist you further and with related inheritance tax and income tax issues. I am sorry for your loss but am confident you can get through this.

I am a beneficiary to my uncle’s large estate. Executrix is silent.

Q: My great uncle died just over 9 months ago in Allegheny County, PA. The estate is in probate as we speak. The inheritance and estate taxes were paid a week or so ago (estimated inheritance tax paid 3 months after his death was 1,700,000.00!) This would indicate that his estate is quite large, correct? He had a condo that is just sitting there. Can a distribution be made prior to the condo being sold? Not sure why they are just letting it sit instead of listing it for sale instead! Can distribution be made and then another distribution made after the condo is sold? What if the executrix decides NOT to sell it but instead allow one of the heirs to live in it? Would that heir have to purchase it from the others? Also, don’t the beneficiaries have a right to know the approximate amount they may receive and the approximate time frame in which they may receive it? The Executrix isn’t sharing ANY info and seeing as how this estate is quite large, this inheritance could possibly be life-changing and the opportunity to plan ahead would be helpful. What is the protocol as far as letting the heirs know the approximate amount they may receive and when they may receive it? (Pittsburgh, PA)

A: Before you start spending your inheritance, I would check to be certain that you in fact are an heir. The Executrix has no duty to give you information, nor does the estate attorney. After nine months, an estate Inventory is due to be filed with the Register of Wills and an inheritance tax return must be filed with the Department of Revenue, unless there have been extensions. If there was a will, it will be on file with the Register of Wills. You could go to the Register of Wills and look at the Will to verify that you are an estate heir. You could also look at the estate Inventory to see what assets the estate is comprised of. This sounds like a lot of money, so my thought is that not all the money may be in the estate. There may be a trust or trusts involved. If you were an heir of an estate or a trust, you would have received a Notice in the mail. You might also want to hire an attorney to look up these documents and assist you in ascertaining your status as heir and verifying the amount of assets you stand to inherit.

What legal recourse do I have as Co- Executor with my disagreeable sister?

Q: I live in Pittsburgh and was my dad’s primary caregiver for past 2 years. My sister, who lives across the country, and I are named co-executors and equal 50/50 beneficiaries of the estate. I am anxious to get probate started, will filed and wrapped up as quickly as possible so my wife and I can move on with our life. Two years of caregiving and working full time have me and my wife exhausted. There are No debts or creditors. Cut and dry, but my sister, who has been estranged from our dad for 10 years, is preventing probate from getting started because she doesn’t like the attorney I consulted with (who was very good but did advise us if we wanted the process to go faster and cheaper, because she is out of state she could renounce executorship. Well my sister had a fit and got highly offended refusing to allow us to use that attorney. The two other attorneys I contacted suggested the same. Sister is also disagreeable to how I remove trash that she and I bagged up together from our dad’s home. And she opposed the amount flowers cost at the funeral. I am starting to resent her attitude and how controlling she is trying to be–for no reason as we are both equal heirs.

A: It is more efficient to have a local executor. Your sister doesn’t need to renounce her right to serve as Co-Executor, just because she lives out of town. The attorney may charge more if he must send her copies of everything and get her signatures by mail, but if she understands that, it should not be a problem. If she doesn’t like your attorney, you and she can pick a few local ones, then pull names from a hat. If she is totally disagreeable and continues this course of conduct, you can petition to remove her as Executor through your attorney.

How can I gain possession of a dead relative’s home.

Q: My uncle who was married died in 1972, his wife died in 2001. No kids. There isn’t a will and I wanted to know if I need a lawyer to go to Probate court.

A: You really need to sit down with a local probate attorney as there are too many issues here. For example, is the house in his or both of their names? Did she have children prior to their marriage. That is major. You may end up inheriting a portion of it with his wife’s heirs if both are on the deed. Much more information is needed as well, for example, is there a mortgage? Are there liens against the property for unpaid municipal services or taxes? Does your uncle have any judgments against him? If any of these problems exist, you would take ownership of the property subject to those liens and unpaid mortgages or taxes. In addition, has inheritance tax been paid? Interest begins to accrue after nine months and penalties can be imposed. You need to proceed with caution and do some research before opening an estate

Is this Codicil legal?

Q: What is the probability of winning a contest to a codocil signed 2 days prior to death of a terminally ill cancer patient who is heavily medicated?  I was unaware that she was terminally ill and only found out from my Aunt Kathy (my mom’s sister) on Friday Sept. 27th. At that time my mother was being sent home from the hospital to die. I learned that she had liver cancer and a tumor in her lungs. She was given days to live. In May of 2013, my mom called me to let me know that she was working on her will and she needed some information from me. I thought nothing of this call as my husband’s parents and my stepmom and dad had also been making these arrangements. It seemed perfectly natural. She told me that Morgan (my daughter) and I were her primary beneficiaries and she told me that I would be the executor to her estate. I have a copy of my mother’s original will dated May 15th, 2013, that outlines pretty much exactly what I expected. You will also find a codicil dated September 27th, 2013 leaving her house, all contents of the house and car to Juanita Johnson. It also removes me as executor of her estate

A: This is a case that you really need to review all of the facts with an attorney. First the attorney can look at the Codicil to see if it is legally binding. Codicils are still permitted but must be executed with the same formality as a will-at least signed at the end by the testator. With the invention of word processors, hardly anyone, especially attorneys, draft Codicils anymore, which leads me to question who drafted it, and it’s legality. The attorney can also help you and advise you on how to gather information as to your mother’s state of mind at the time she executed this document. This can come from her doctor, hospital staff or other witnesses.

If there is a beneficiary listed, does the money go to the estate?

Q: What are my rights as beneficiary on deceased brother beneficiary designation form? My brother died without a will, but I am listed as one of his beneficiary on his employment form, the lawyers are stating that this goes money goes into the estate and is to be shared by everyone, is this correct? There are stock certificates, life insurance etc. that he marked and the lawyers won’t hand over the original certificates so that we can transfer them to our names. I am also one of the co-administrators. Please answer asap. Thank You.

A: I really would need to examine the documents to be certain with my advice. However, generally, if you are listed as a beneficiary on employee benefits like 401 Ks or pension or insurance, that is your money and not estate money. Generally, if you are a beneficiary, the company will prefer to talk to you and will not want to deal with the estate attorney. Call the company and ask if you are the beneficiary. They won’t lie to you. As to the other problems, estate issues, I am not sure why you are having a problem with the attorney as the executor/administrator generally can hire and fire an attorney for the estate. Maybe this is perhaps because you are not getting along with the other attorney. I highly advise you to see an independent lawyer versed in estate matters.

Is dad’s vacation house part of his estate?

Q: Dad died. His will says his vacation home should be sold and proceeds distributed evenly among four sons. Residue of estate goes to sole sister. Problem is the vacation house was sold 6 months before Dad’s death. Brothers say they should divide proceeds of sale. Sister says it is all hers? Any advice that you can offer?

A: If the house was sold before his death it is not part of the estate and the proceeds, unless gifted or assigned to someone else, should have gone to dad? If there are still proceeds in dad’s bank account from this sale, that money falls into the estate residuary and in your case goes to sister. However, I am not looking at all the facts here and you should not rely fully on this opinion. You should really let an attorney look at all of these documents to answer with certainty. In addition, since this transfer was within one-year of death, it will be subject to inheritance tax on its full value minus a $3,000.00 deduction.