Legal Question in Wills and Trusts in Pennsylvania

You ask multiple questions. First, if your mother conveyed land to you making you the remainderman and reserving a life estate for herself, then the land will pass to you automatically as of the date of her death. This will be a NON-probate asset.

Do you have to go to probate? It depends. Does your mother havec probate assets aside from the land on which you are a remainderman? What assets does she have and how are they titled? Even if she has few assets, it may make sense to probate an estate because it cuts off the claims of creditors. I cannot determine if probate is necessary as you divulge no facts. To answer your question, you will need to consult a probate attorney who practices law in the county/state where the estate for your mother would be probated once your mother passes. Failing that talk to the register of wills at the probate court (called the Orphans' Court if the estate for your mother is in Pennsylvania) and see if they think probate is necessary. If there truly are NO probate assets, then probate may not be necessary. Which leads to your third question.

You are not directly liable for your mother's debts assuming you did not agree to be liable (as either a co-signer, co-borrower or responsible party). You may be indirectly liable though. For example, if your mother received Medicaid or some other public benefits. See 23 PA CSA � 4603 set forth below. Also, Medicaid is mandated to seek recovery from your mother's estate. Claims against the estate have to be paid before the beneficiaries/heirs inherit any probate assets, other than priority/administrative expenses (family allowances, cost of probate, attorney fees, commissions to the executor and funeral expenses).

If your mother has nothing but unsecured debts like personal loans or credit cardss and you did were not a co-borrower or co-signer, then you are not liable. If there truly are only debts like this and no probate assets, then probate may not be necessary. What I would do under that scenario is write a letter to the creditors and send via certified mail return receipt requested. In the letter, I would indicate that your mother maintained the above account, that your mother poassed (include a copy of the death certificate), that you are not liable for your mother's debts, that your mother had not probate assets, that an estate will not be probated for your mother and for the creditor to simply write off the debt as its uncollectible. Chances are the creditor will do so; they certainly will not want to probate an estate for your mother if there are no probate assets.

One final note, just because there is no probate does not relieve you of paying inheritance taxes. I would consult a CPA in regard to filing any final returns for your mother and paying any inheritance taxes owed on the transfer of the property once she passes.

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23 Pa.C.S.A. � 4603. Relatives' liability; procedure

Currentness

(a) Liability.--

(1) Except as set forth in paragraph (2), all of the following individuals have the responsibility to care for and maintain or financially assist an indigent person, regardless of whether the indigent person is a public charge:

(i) The spouse of the indigent person.

(ii) A child of the indigent person.

(iii) A parent of the indigent person.

(2) Paragraph (1) does not apply in any of the following cases:

(i) If an individual does not have sufficient financial ability to support the indigent person.

(ii) A child shall not be liable for the support of a parent who abandoned the child and persisted in the abandonment for a period of ten years during the child's minority.

(b) Amount.--

(1) Except as set forth in paragraph (2), the amount of liability shall be set by the court in the judicial district in which the indigent person resides.

(2) For medical assistance for the aged other than public nursing home care, as provided in section 401 of the act of June 13, 1967 (P.L. 31, No. 21),1 known as the Public Welfare Code, the following apply:

(i) Except as set forth in subparagraph (ii), the amount of liability shall, during any 12-month period, be the lesser of:

(A) six times the excess of the liable individual's average monthly income over the amount required for the reasonable support of the liable individual and other persons dependent upon the liable individual; or

(B) the cost of the medical assistance for the aged.

(ii) The department may, by reasonable regulations, adjust the liability under subparagraph (i), including complete elimination of the liability, at a cost to the Commonwealth not exceeding those funds certified by the Secretary of the Budget as available for this purpose.

(c) Procedure.--A court has jurisdiction in a case under this section upon petition of:

(1) an indigent person; or

(2) any other person or public body or public agency having any interest in the care, maintenance or assistance of such indigent person.

(d) Contempt.--

(1) If an individual liable for support under this section fails to comply with an order under this section, the court shall schedule a contempt hearing. At the hearing, if the court determines that the individual liable for support has intentionally failed to comply with the order, the court may hold the individual in contempt of court and may sentence the individual to up to six months' imprisonment.

(2) This subsection applies regardless of whether the indigent person is confined in a public institution.