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Lloyd Alfred Welling's Answers
- 5 Legal Answers
- 1 Legal Guide
2
Attorney answers:
I live in philadelphia I have letters of Admin. I want to put deed in my name. Everone signed off probate done.
I agree with Attorney Fromm, you most definitely want to retain an attorney to assist you with this matter. You indicate that your mother passed away in 1992 and yet the Deed to the property is still in her name. You also indicate that you have obtained Letters of Administration and that the probate process has been completed. When did this occur? Back when your mother passed away? Much more recently? Did you have an attorney assist you with the matter? If so, why didn't he or she...
2
Attorney answers:
PA probate, will states single beneficiary and no creditors to file claims.
Dear Sir/Madam: There is no definitive answer to your question with regard to how long is probate. The probate process can last anywhere from a couple of weeks to a couple of years and more depending on the complexity of the estate in question. Often one of the things that can delay or slow down the process is when there is real estate involved that is going to be listed and sold. In todays housing climate properties sit and lag on the market for long periods of time. However, if the...
1
Attorney answers:
Small estate in PA with insufficient money to pay funeral. Court approval needed to sell assets and personal property bequests?
Generally, most Wills contain language pertaining to the power and authority which is being bestowed upon and granted to the Executor. As such, your first step would be to carefully read the Will to see whether or not it contains language that addresses the situation which you have outlined. Likewise, the Executor has a right to be reimbursed if he/she has gone out-of-pocket to pay the funeral expenses. However, if the Will contains specific bequests of certain personal effects to particular...
3
Attorney answers:
Can you cancel a probate on an estate that was just started?
Sound to me like your attorney, at the least, may have a serious conflict of interest. If the title to the property was in her name alone, it would pass through her estate and not your father's. As such, your sister's estate would most certainly have to be probated. It would probably be a very good idea for you to consult with an attorney who focuses on estate planning and probate estate administration.
3
Attorney answers:
Can you cancel a probate on an estate that was just started?
Once initiated, you cannot simply "cancel" the probate process. If you believe that same had been initiated improperly or unnecessarily, you may be entitled to have same terminated by the Court, but this would require some type of formal pleading. If you are merely unhappy with the attorney that you have retained to assist you, you can always terminate his/her services and retain different counsel.