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My Mom passed away in Dec. 08 in PA. As Executrix of the will, I would like some advise as to probating the will. Her estate is
Pittsburgh, PA
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Posted 10 months ago in Probate
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very small and her liquid assets will surely take care of her debts with little left over.
1. Should I open an estate account? 2. We share a check/saving account with a balance of about $1000. 3. She died in Butler county in a hospice, and her residence was in Allegheny county. If I have to probate the will, which county do I submit the paperwork. 4. I do not want to have to relay on an attorney to do this legwork. How can I get started by myself. 5. What type of taxes will have to be paid.
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6. Income Taxes - Fed and State -- how do I handle this process. Answers (2)
Douglas L. Kaune
This attorney is licensed in Pennsylvania.
Posted 10 months ago.
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I would like to answer a few of your questions and hopefully the answers will give you an idea of how to proceed.
Probate would be established where her primary residence was located. The real question is whether she established Butler County as primary residence or if it was just intended to be temporary. Probate is required to access assets in your mother's name alone. If there are no such assets then you might not need to probate the will. It is important for you to make this initial determination because one the probate process is initiated you will be required to perform certain tasks and pay certain fees that you could possibly have avoided. Even if there are assets in your mother's name alone you should decide if it is prudent to probate the estate. If the expenses are definitely greater than the assets you might determine that the process might be cost prohibitive. It would then be up to the creditors to go after the estate assets separately. Keith
Posted 8 months ago.
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If she does not have any other assets that need to be probated, such as a pension or real estate, then probate may not be needed. The bank account automatically becomes yours since your name is on it. If she had an income you may need to consider preparing a final tax return for her, but it does not appear as if there is any tax concern at all. tiekh@yahoo.com Probate Researcher If needed you could file probate in either county but it is normally done in the county where the person normally lived.
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