Blog & Resources

From Our “Ask a Question” mailbag: Do my husband’s parents inherit his estate? “My husband died without a Will in Chester County, PA. He owned real estate and had several accounts in his name alone. He had no children, but his parents are both alive. Do my husband’s parents inherit his estate?”

From our “Ask a Question” mailbag: My mother died a resident of Lehigh County, Pennsylvania survived by three sons. She had no will. One of my brothers has signed a renunciation giving me the right to serve as the Administrator. My other brother is homeless and I don’t know where he is, what can I do?

From our “Ask a Question” mailbag: My grandmother died in a senior living facility in Philadelphia. She died without any real assets except for a small bank account and some stock held just her name. Her will said the stock was supposed to be used to pay her last bills and then anything left over would be divided among the grandchildren. We’re confused as to how to sell the stock once we do the transfer paperwork. Do we have to sell it through Computershare or can we sell it through any brokerage?

From our “Ask a Question” mailbag: My mother passed away in Camden County, New Jersey divorced, with four adult children, leaving no will. She only owned a house, but it has a mortgage taken out by her boyfriend. How do we sell the house?

When a person dies a resident of New Jersey without a will, they die “intestate.” New Jersey has a set of rules that dictate who has the right to Petition the Camden County Surrogate to be named the Administrator of an intestate estate. In your case, all four children have this right.

From our “Ask a Question” mailbag: I am the administrator of my brother’s estate in Bucks County, Pennsylvania. I have advertised the estate and paid all the valid creditors, but a neighbor of my brother has made a claim for $50,000 that I believe has no validity. Can I distribute the estate funds without paying him?

The quick answer is yes, but the right answer is that you should not.

As the executor, you are free to make “at risk” distributions. An “at risk” distribution is that may put your personal assets at risk. Your Bucks County Estate Administration Lawyer works hard to keep you out of trouble. If you ignore your brother’s neighbor, you could be putting yourself at risk.

From our “Ask a Question” mailbag: I am a New Jersey resident serving as the Personal Representative of my mother’s Atlantic County, New Jersey estate. I hired a Atlantic County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?

We hear questions like these more often than you might think, especially from families who have never really required the services of a skilled attorney. Hiring a lawyer can be intimidating, and it’s especially hard to focus on day-to-day tasks when you’re also dealing with grief. However, customer service means everything in every industry, especially ours. It’s not enough to assume that your probate attorney’s going to do their job if they’re seemingly too busy to communicate with you.

From our “Ask a Question” mailbag: The attorney handling my uncle’s Lehigh County estate mailed me a Receipt, Release, Refunding and Indemnification Agreement. There are no details about how much he spent or other expenses. If I sign this, do I waive my rights to ask any questions?

A Receipt, Release, Refunding and Indemnification Agreement is a probate tool that allows the executor to distribute estate funds to a beneficiary with the promise from the beneficiary to return the funds if it later turns out they were distributed in error. The same form can contain language that, if you sign, means that you agree to take the funds without an accounting and waive your rights to ask future questions.

Pennsylvania estate executors and administrators – known broadly as personal representatives, typically take the same first step when called to administer an estate. They research and find an experienced probate attorney to guide them through the process and establish that attorney’s fees. Why is hiring a probate attorney essential?

As the executor of an estate in Burlington County, NJ, your expenses incurred in handling the estate are reimbursed from the estate assets. Typical examples are filing fees, parking fees, and money that you pay to have the estate assets secured or cleaned. You are also reimbursed for reasonable travel costs that were incurred only because of the estate.

I am the executor of my mother’s estate in Montgomery County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.