Legal Question in Wills and Trusts in Pennsylvania

Condolences on your brother's death.

His estate will have to be probated and administered. Siblings may petition the Philadelphia Register of Wills for Letters of Administration. If only one or two want to act as personal representative to administer the estate, the siblings who don't want to act may sign a "Renunciation". Those who will be personal representative[s] have to complete a Petition for Probate and Grant of Letters. Forms are available at http://secureprod.phila.gov/wills/forms.aspx. You will need an original death certificate, your own photo ID, and the Petition and Renunciation[s]. Go to City Hall, Room 180, to begin the process. The staff is helpful to people who are probating an estate on their own. Personal checks are not accepted.

Of course, you may have a lawyer assist you in the administration to make sure that it is properly done and that the Personal Representative will not incur any personal liability.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

If a guardian was appointed while your brother was alive, he was obviously mentally challenged. The guardian's duties would end at death and the guardian would ordinarily have to turn over any remaining property to the personal representative of your brother's estate.

However, the question to my mind is what assets are there? Your brother has been in a nursing home for 7 years. Nursing homes are not cheap. How was your brother paying for this? Nursing home costs can average $3000 - $5000 a month but the rate may be more or less depending on where your brother lived. If your brother was on Medicaid (not Medicare) then by law Medicaid is mandated to seek recovery of the sums paid. You would have to determine what assets are left in the estate, whether your brother was on Medicaid or whether any final bills were owed to the nursing home or for the funeral. And the guardian is entitled to a fee for the time served while your brother was alive.

If there is anything left after that it would be distributed under the intestacy laws to your brother's spouse and children, if any. If there are no spouse, children or parents as you indicate, then your brother's siblings or their children if any are deceased would inherit what is left.

I suggest that you speak to a probate attorney who practices in the Philadelphia Orphans' Court to review what needs to be done. You don't need an attorney to probate an estate but it would be a very good idea to at least consult with one at the beginning to find out what you have got. If Medicaid is going to end up getting what is left, then you probably do not want the aggravation of probating an estate.