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David R Getz

David Getz’s Answers

2 total

  • What is the process after a short certificate is signed?

    If I sign a renunciation and give me brother administrator rights will he be able to pay me at the same time out of my fathers account? We live many hours from each other and my father did not leave a will. Thank you!

    David’s Answer

    Questions about estate administration are best asked of an attorney face to face. I might suggest that you contact the Dauphin County Bar Association’s lawyer referral service at (717) 232-7536. You will be referred to an attorney who practices estate administration law for an initial appointment to analyze your situation. Many attorneys charge a reduced fee for the initial interview. You could also direct this question to the attorney who is handling the estate, if there is one. If your father lived in another state, then your question should be directed to an attorney in that state.

    I am licensed to practice only in Pennsylvania. I do not know where your father resided In Pennsylvania, and this response does not consider any law other than Pennsylvania law. In Pennsylvania, there is a very specific procedure to probate an estate. After short certificates are issued, the administrator must perform numerous tasks such as advertising the estate, making an inquiry of the Department of Public Welfare, obtaining an EIN from the IRS, gathering assets, opening an estate account, paying bills, filing a state inheritance tax return (and perhaps a federal return), etc. The timing of when the residue can be paid to you and your brother depends on the particular circumstances.

    As with any online reply, this response is limited by the few facts provided and the specific question asked. There are most probably additional facts that could change this reply. This response is not intended to be legal advice, as additional information would be required to provide definitive legal advice. This response is not intended to, and does not create, an attorney-client relationship.

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  • Can a co-owner of an inherited home sell it ?

    Can a co-owner of an inherited home sell it with only one signature, if the home was left to 3 siblings?

    David’s Answer

    Questions about real estate and estate administration are best asked of an attorney face to face. I suggest that you contact the Dauphin County Bar Association’s lawyer referral service at (717) 232-7536. You will be referred to an attorney who practices real estate or estate administration law for an initial appointment to analyze your situation. Many attorneys charge a reduced fee for the initial interview.

    Some of the factors to be considered in your situation are whether the 3 siblings inherited the property by a will or through intestacy (no will), whether the property was left to the 3 siblings as joint tenants or as tenants in common, whether the will allows one person to sell on behalf of the 3 siblings, whether the property was a specific bequest or part of the residual estate (if there was a will), and whether the person who is signing is the executor or administrator of the estate.

    As with any online reply, this response is limited by the few facts provided and the specific question asked. There are most probably additional facts that could change this reply. This response is not intended to be legal advice, as additional information would be required to provide definitive legal advice. This response is not intended to, and does not create, an attorney-client relationship.

    See question