My sister is the Primary Trustee of our Mother's Trust and is attempting to sell a sizable amount of property behind her back. She has been so secretive about the process that it may already be sold. I have called the Recorder of Deeds and he sa...
There is no way that I could answer your question without reviewing the trust document itself.
Assuming that you're correct about this being an irrevocable trust and your sister being the primary trustee, and even assuming further that the "sizable amount of property" to which you refer has actually been funded into the trust by deed, yours is not a case where a simple generalized answer would do.
I'm sorry I can't help.See question
Theres 2 people on my aunts poa i dont trust the one person
It depends upon how the power of attorney is worded.
If my client tells me that they want two people as their "Agents" and the "Principal" wants them to be able to act independently, then I make sure that that language is in the document. If, on the other hand, the Principal wants them to act in agreement in everything, then that language goes into the document.
Sometimes two people are named as Agents, but the document provides that the second agent cannot act unless the first agent is unwilling or unable for whatever reason.
Again, the language of the document should provide you with the answer you seek. If you need assistance, please contact a lawyer to read the document over for you.See question
In other words, he only has relatives by marriage: nieces, nephews and their offspring. Would these be valid heirs according to the intestate succession law? Thank you.
I agree with both my colleagues and add the following:
Contrary to your belief as stated in your question, nieces and nephews are, in fact, "blood relatives" since they are children of brothers and sisters of the deceased.
To be sure that we're all correct, it is best that you find an attorney in Allegheny County who is skilled in settling estates. There are a number of good ones thre.See question
We have a son married, and he is our only child. How can you set up things that wife could not get if the marriage didn't work out. We want to get it set up in a way our son would not have too much grief. I know it is early in marriage, but we...
As usual, I agree with Ms. Stewart. What you desire can be accomplished with a trust which is carefully worded so that your son's interest will be preserved regardless of what may happen to his marriage. My advice is the same as that given to you by Ms. Stewart: Find an estate planning attorney who knows what he or she is doing.See question
Some friends of mine request POD to avoid probate in Pennsylvania. Then, they do not pay inheritance tax, nor do they turn in a WILL to be sworn in. Is this a good idea to use this type of estate planning? I also was told you do not have to pa...
I completely agree with both my fine colleagues. It may be helpful to you if you try to understand POD accounts this way:
Because the death of the owner of the account triggers the transfer, the account is subject to Pennsylvania Inheritance Tax.
As my colleagues have suggested, many people believe that the only property subject to Inheritance Tax are those which pass through probate. Nothing could be further from the truth. To make sure that ALL the inheritance tax obligations are satisfied, please consult with a qualified estate attorney. As lawyers, we may not always be right, but I agree with you that our advice is usually better than the "hearsay" you get from friends, neighbors, or someone else you know who thinks that they know what they're talking about.See question
No one has been appointed a d no one has signed off to appoint anyone to administer the estate. my sister has changed the locks, my mother isnt even buried yet. she refuses to give me a key to get my daughters belongings out. no lawyer has bee...
I agree with Mr. Cohen regarding the titling of the house on the deed being all important, but with regards to the rest, please permit me to express another point of view.
You say that "no lawyer has been contacted as of yet." My immediate response is, "Why not???"
Assuming that mom and dad owned the house together, your sister had no right to change the locks and refuse you access. This isn't the Wild West where an act such as your sister's out-of-bounds act has to be met with an act of force such as breaking the lock or the door. This is Pennsylvania and we have laws and rules here controlling the handling of estates.
There is a legal way to straighten all this out so that the estate may move forward. And the legal way is the right way. Without a will, you could qualify as an Administratrix, but you need to have a proper direction. A lawyer could help you.
Good luck.See question
My mother's estate is less than $50,000 after accounts with named beneficiaries are taken out. The only remaining account is $45,000 at a bank that tells me I need the short certificate to open an estate account to pay my mother's bills at the tim...
Again, I completely agree with my western colleague, Ms. Stewart.
The advantage in probate here as opposed to petitioning the court to create a small estate is, as Ms. Stewart has aptly said, one of time, cost and convenience.
As opposed to moving your petition through the Orphans' Court system, the Register of Wills, may grant your application for Letters of Administration, which will result in your obtaining a Short Certificate, which is notice to all the world that you have been duly anointed as your Mom's legal representative for purpose of settling her estate.
Contrary to what many believe, probate in Pennsylvania is actually quite simple and, in my judgment, is preferable in your situation.
Don't forget however, that because there will be $5,000 after the bills are paid, there may be other things you will be required to do before your Mom's estate may be considered settled. That's what a lawyer may be able to help you with.See question
siblings in rivalry over 81 year old father's assests and whom is still living
I agree with my colleagues and add the following:
If you as "rivals" can't agree among yourselves now, what makes you think that that job is going to become any easier if all four of you are named attorneys-in-fact or executors?See question
plain and simple
Let me ask you, with all respect:
Do you do your own plumbing or electrical wiring?
Do you fill or do root canal on your own teeth?
If you've ever fractured a bone, did you set it yourself?
Did you build your own house?
Have you ever repaired the transmission on your car?
If you're like me, or like the overwhelming majority of people I know, your answers to each of the above questions will be "NO" and why is that so? Simply put, we hire trained specialists to do the important life tasks in which we have no (or very little) training or experience.
With a will, the need for a trained professional is even more important because if it is drawn wrong or badly (as is the case with many laypeople who try), you'll never have a chance to fix it because you'll be dead by the time that that will takes on legal power.
If most of us will not take a chance with our own plumbing, why would anyone not trained and experienced take a chance on the distribution of all of one's earthly possessions?See question
Mother in nursing care and applying for Medicaid hoe do certificates of deposit are affected by the words in trust, and, or in th certificate
I would add only the following to Ms. Stewart's fine answer:
It is all too common that people believe that they can avoid having an asset counted for Medicaid purposes in whole or in part by somehow tinkering with the ownership language. It's a very common misconception that if you have an asset jointly titled with another person, the asset is only half countable.
The rule, as Ms. Stewart has told you, is that unless one can prove that the asset consists entirely of one's own funds, Mom's name somewhere on the title to the asset means that the entire asset is available for Mom's care.See question