Man leaves behind a wife and a son from a previous marriage. The man also has a house, a car and multiple bank accounts and credit card accounts. The wife's name isn't on anything the man has because he couldn't trust her to take care of her finan...
In the Pennsylvania Probate, Estates and Fiduciaries Code, which is the law here, there is an order to who may serve:
Sec. 304.001. ORDER OF PERSONS QUALIFIED TO SERVE AS PERSONAL REPRESENTATIVE. (a) The court shall grant letters testamentary or of administration to persons qualified to act, in the following order:
(1) the person named as executor in the decedent's will;
(2) the decedent's surviving spouse;
(3) the principal devisee of the decedent;
(4) any devisee of the decedent;
(5) the next of kin of the decedent;
(6) a creditor of the decedent;
(7) any person of good character residing in the county who applies for the letters;
Since there is no will, as my colleague, Mr. Whalen has pointed out, the spouse is next in line.See question
my son died now im in a dispute with his father on who gets the ashes
I see that you live in Indiana County. I recommend that you find a local lawyer there who specializes in estates to help you. He or she will be aware of the local procedures of bringing such a matter to court, although I do agree with the other attorney that it would be best if you were able to come to some agreement with your son's father on this matter. Perhaps it can be arranged for the ashes to be divided between the two of you?See question
My situation is that i may not want to give it to anyone else...
The lawyers who have already answered your question have given good answers, but there's one area which I feel it necessary to put my two cents in:
Your present idea to give everything to one person ignores one important possibility:
What if that one person dies before you or with you? Then what?
Of course, all of us would hope that you would have an opportunity to rewrite your will if such a possibility happened, but that may not happen.
My point: Always build contingency plans into a will. A good lawyer will help you cover all the bases.See question
My stepfather just passed he changed the deed to the home my mother purchased before marring him to his name my mother has 5 surviving children now in a fight with our step father's siblings to get our mother's home back he has no biological child...
I am in total agreement with Ms. Stewart. Get an attorney and get one now.
The answer to your question is going to depend upon whose name was on the deed as grantee at the time of your mom's death and how it got there. I won't go into an explanation as to all the possibilities because I will save that for the lawyer which you must see.
Good luck.See question
I would like to purchase my home through a trust. 1. For privacy reasons. 2. for help with taxes and 3. because I have a chronic illness I would like to make sure that I am making things easy for my family if anything should happen to me. Overall ...
I agree with both of my fine Pennsylvania colleagues who have answered your question, but particularly with Ms. Stewart and here's why:
As she said, when people see us, they've always heard something which sound like EXACTLY what they need from somebody, either a friend, relative or someone on TV.
However, there are trusts and there are trusts. Different trusts accomplish different things. In my career I have never found one "magic bullet" solution for any problem. The only way to maximize your accomplishing what you want to do is to find a skilled trusts attorney who is willing to put his/her arms around your entire situation so that your goals may be accomplished.
Good luck.See question
Because of the status of the family I was born into I believe I would haft to furnish proof of who I am and I would like to consult with and attorney first.
Per usual, I agree with my fine colleague, Ms. Stewart, but would add only the following:
In this era, no one argues with DNA. If there was a way that you could have your DNA matched to the family at issue, then there would be little room for them to argue with you.See question
I live in Ohio but I am one fourth owner of my parents home in Westmoreland County. I am thinking about signing my quarter over to my disabled brother who lives in the house and is also one fourth owner. Is it better to sign it over now or put...
The only way to "sign it over" is by making a deed, which will be recorded in the Westmoreland County Courthouse, from yourself to your brother. Any Pennsylvania attorney with knowledge in deed transfers should be able to do this job for you for a reasonable price.
Whether you "sign it over" now or put it in your will is a question that only you can answer, depending upon whether you want him to own the 1/4 interest now or at your death, assuming that you die before him. If you want him to have the interest now, then, by all means, deed it to him now.See question
My wife and I created out Last Will and Testaments through Legal Zoom. However, when we sign we need to have the signing witnessed by two people (sure all lawyers here know this). We'd just like to have a lawyer and someone in the office be our wi...
If you chose not to have an attorney prepare your will, why would you want to have a lawyer witness the document? Is it because you believe that a lawyer's signature on the document would provide at least the illusion that the lawyer prepared the document or that he or she endorsed the language in a will that he or she didn't write?
In agreeing with my colleagues, Messrs. Zelinger and Benz, I would add only the following: There isn't a lawyer I know who would lend his or signature to such a document. At the risk of sounding elitist, for us, it is a matter of personal pride and responsibility for what we do. Our placing a signature on a document means much more to us as professionals than you might realize. It means that we are proud of what we've written and are prepared to defend it if the need arises.See question
I am writing for a friend who is on SSD and receives food stamps and financial aide, she is legal guardian of her minor grandson because her daughter passed away. The boy will be coming into a trust fund soon and him being with the grandmother wil...
You need to get her to an attorney who specializes in trusts, particularly in what is called a "special needs" trust.
We don't know enough about your friend's or her grandson's situation, but it may well be that a certain type of Special Needs Trust, which is called a d4A trust may possibly be set up to help their situation.
Tell them I wish them good luck.
Again, an attorney who is skilled in this type of planning may be able to help.See question