Tag Archives: WILL

Is there a length of time that a person needs to live after writing a will?

Q: I have an aunt who changed her will recently and she did it to spite the one son because of his remarriage. Where originally, he was to inherit 1/2 of her estate, and the other son the other half. He now has been reduced to 1/8 of her estate, and her riding mower, with the remaining being divided between his ex-wife and the adult children. Is there a length of time she needs to remain alive to be certain he will not try to contest it? (Delmont, PA)

A:  I am not aware of any such law. If she is competent, not under undue influence or coercion, and it has been executed in compliance with the law, her Last Will and Testament is presumed to reflect her testamentary intentions.

My grandmother bought me a home, but did not leave it to me in her will

Q: As I stated above, my grandmother bought me a home to live in, which I have been in for almost 4 years. It is not stated in her will that she leaves the home to me and now her children want to kick me and my kids to the curb. What are my rights to stay in the home? Also, I’ve only paid all the utilities, not the property taxes on the home in the 4 years I have been here. (Indiana, PA)

A: I would have an attorney look at the will and the deed to this house. Generally, if you are not on the deed, you would have no rights to this property when she passes unless she included you in her will. Unfortunately, paying the utilities will not arise to any property rights

My Mother is aging and health is declining. I need some legal advice on few options?

Q: Currently I am the primary care person for my mother. She started to decline last year after she had congestive heart failure. She is at home and my brothers and I cover time in-between. There are times she goes without coverage for a few hours. She is starting to have a fear of being alone. We are wanting to possibly work with a lawyer to help guide us through the process and find a solution that will last without bankrupting her in two years. (Pittsburgh, PA)

A:  It is good that you recognize the need for an attorney. No one can answer exactly what legal services your mother needs without knowing more information, including the extent of her assets and how they are titled, her health, her health insurance coverage, her long- term disability coverage if any and her competency, it will likely be necessary to have the attorney draft a General Durable Power of Attorney, Last Will and Testament and a Living Will. Advice on the potential of Medicaid funding may also be helpful.

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.

 

Both witnesses on mother’s will are dead. Can I register it?

Q: Both the witnesses to my mother’s will have died. How do I prove the unregistered will is legal?

A: Wills are not filed until the person dies. The two deceased witnesses are not a problem. The law allows you to submit affidavits that the witnesses to the will are unavailable and that they recognize the signature at the end of the will to in fact be that of the testator. You can obtain these affidavits yourself and drive the probate clerk crazy and open the estate or hire a lawyer to do s

What rights do the children of a previous marriage have if spouse dies?

Q: If you re-marry someone with grown children, can the children inherit something if he dies.  Can they inherit something even though they haven’t seen him in years, and didn’t attend the funeral?

A: If he has a will, it should spell out to whom his estate passes to. If you are a spouse and are not mentioned in the will, you can file a Spousal Election Against Will in the Register of Wills and request and seek a one-third share of certain property of the deceased person acquired during the marriage. If he has no will, the biological children will inherit a share of the estate along with the spouse. As I am not aware of all of the facts here, I strongly suggest you discuss this with a lawyer.

Can an injury settlement be given in a will?

Q: If the person writing a will is waiting for a claim settlement that could take a long time, is he able to put it in his will?

A: I have seen it in wills. For example, language such as “I hereby give and bequeath any injury settlement proceeds I obtain from my pending law suit against ACME Corporation, to my dear friend, Hans.” If the injury settlement comes in after the estate closes, letters of administration can be subsequently raised temporarily to handle the settlement and payment of  inheritance tax.

What holds more ground a will or a deed?

Q: My mom passed and left her house to me in her will. My niece and nephew are listed on the deed along with me. Her will only names me as sole heir. Do they own any of the house?

A: If the deed is joint tenants with right of survivorship, the property upon death passes to the surviving tenants. So in this case, your mom’s share passes to your niece and nephew. If the deed is tenants in common, the deceased tenant’s share goes into their estate. In this case, one third of the house would pass through your mom’s will to you as a sole heir in the will. Don’t do anything until you have a local attorney review the will and deed for you.

What happens if I relinquish my rights as an executor of my father’s will?

Q: My two sisters and I were named co-executors of my father’s will. Both my sisters have asked if I would relinquish my rights as an executor since they were named joint powers of attorney for my mother who has Alzheimer’s. If I relinquish my rights how will this affect future decisions for my mother and the handling of the estate in my father’s will?

A: I am not sure what the connection is with your mother’s POA and you being tri-executor of your father’s will. By renouncing your right to be executor of your father’s will, you do not lose any right of inheritance, you just give up your right to administer the estate and charge a fee for your services, which could be 5% of the gross estate. Being executor requires a great deal of work sometimes and can be time consuming and stressful. If the fee is an issue, ask your sisters to split the 5% three ways. You would also be giving up the right to make decisions of how the estate is administered. However, unless there are unusual issues with the estate, most are pretty straightforward, especially if a lawyer is involved.