Legal Question in Wills and Trusts in Pennsylvania

my dad died this year,all of his assets were left to my mom in his will,must we still probate the will


Asked on 6/30/10, 5:33 am

1 Answer from Attorneys

Yes. Does the will name your mother as the personal representative/executor? If so, I cannot give you legal advice regarding your mother's issues for ethical reasons. Also, did your parents live in Pennsylvania or elsewhere? I am only licensed in GA, PA & NC. If it is in another state, then you should legal advice in the state where your father lived at the time of his death. Whoever is named as personal representative should take the will to an attorney for assistance with the probate. Probate may be necessary to transfer title to things like the cars. It is also necessary to get the money if your mother is not on the bank accounts. There also might be claims against the estate. If the estate is very small, she can use a summary proceeding but she and the attorney will have to review the assets in the estate and the claims, if any. Further, your mother is allowed to claim a family/spousal allowance (it goes by different names in different states). An attorney will make sure that she timely makes her claim so that she will receive assets ahead of any creditors.

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Answered on 6/30/10, 9:20 am


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