Am handling estate w/ no will. Supposed to send beneficiary a notice under the 5.6 rule of the PA Estate & Fiduciary Code

Is this just a simple letter to someone putting them on official notice that they are beneficiary? Or is more complicated than that? I am clueless. Please help.

Lansdale, PA -

Attorney Answers (4)

Joseph M. Masiuk

Joseph M. Masiuk

Probate Attorney - Southampton, PA
Answered

If you are "clueless" as you have told us, then why are you do-it-yourselfing it?

With all respect, your question sounds like someone who thinks they have a problem with the transmission of their car. They take the transmission apart, have the parts all over the floor, and then they write, "Now what?"

If I would not venture to fix my transmission on my own, why would you try to practice law?

A 5.6 Notice is not just words on a page. It's a very specific notice required by law requiring very specific information for a very specific purpose. Please do yourself a favor. Find a qualified lawyer to help you..

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Paula Brown Sinclair

Paula Brown Sinclair

Probate Attorney - Twin Falls, ID
Answered

You have not disclosed the status of any legal proceedings or whether an attorney is involved. Your question does suggest strongly that whatever you do with this estate is going to be a struggle. The first clue is the fact that without a will there is no beneficiary. There are heirs. This is so fundamental to the proper administration of an estate, you are foolish in the extreme to proceed without counsel. Locate and hire an experienced probate attorney as soon as you can manage. Your attorney will handle the notice and a dozen other things that confuse you. Without expert help you risk costly personal liability. Put another way, you are playing with fire.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Steven J. Fromm

Steven J. Fromm

Probate Attorney - Philadelphia, PA
Answered

Ms. Sinclair offers sound advice. Pennsylvania has specific rules about notices and the steps to take for an estate administraiton. If you are clueless you cannot rely on a general forum like AVVO or trying to get guidance on the internet. Estate administration should not be tried on your own.

For a sense of what is involved in administering an estate in PA, please see the following two articles: Estate & Probate Administration: Do Not Try This On Your Own at http://www.sjfpc.com/page1.html and Pennsylvania Probate & Estate Administration: Executor Duties at http://www.sjfpc.com/pennsylvania_probate_estat.... Be sure to hit the like button at the end of these articles if you found them helpful.

Hope this helps.

Please remember to designate a best answer to your question.

Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Fort Washington. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
John B. Whalen Jr.

John B. Whalen Jr.

Probate Attorney - Chesterbrook, PA
Answered

Hello ... I am sorry for your situation, but all of the answers that have been provided are dead-on accurate.

All of us here enjoy assisting people with issues in this complex area of law, but as your are - in essence - road-blocked in one of the earlier and easier tasks in the Estate Administration process, why would you continue without assistance.

I do understand that the economy, money, etc. all play a part in your decision to seek professional help, but - at the end of the day - you took an oath in front of the Register of Wills.

Is risking your future with any breach of fiduciary duties to the heirs really worth you getting sued?

Just food for thought.

Good luck,

John

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