Legal Question in Wills and Trusts in Pennsylvania
my duaghter died aug 10. we never filed a estate because she had nothing her home was not worth what she paid etc.. Her home is in foresclosure the truck was repossessed etc. She had a ssi claim in that I took over thinking it would not get approved well she won and it is going back to jan 07 to aug 10. are the creditors entitled to it??Since it is income from before she was ever late on anything. Everything was UTD untill after the time of her death. I have all receipts of funreal etc that I did pay for. Her attorney she had for the ssi is in CA and of no help. I live in NJ.
1 Answer from Attorneys
You are going to have to probate an estate for your daughter to receive the money.
I don't know how much your daughter's estate would receive and what claims there would be by any credtors. Even though the home is in foreclosure and the truck repossessed, there may still be a deficiency owed.
The general rule is that heirs cannot receive property before creditors are paid. The exception is for things like family allowances (in PA its $3500) which are paid before creditors.
I don't know if your daughter had a will or if she had children or a spouse who might be entitled to claim the exemption.
The California attorney will be of no help to you in regard to PA probate issues. I suggest that you meet with a probate attorney in the county where your daughter lived at the time of her death. Find out whether you need to probate an estate for your daughter and whether any heirs would be entitled to the family exemption. Since your daughter has few assets other than the SSI, perhaps you will be able to use the simplified procedure, but her SSI may preclude that.
If there is not enough money to go around, you will pay claims in order of priority.
You may want to see if it might make more sense to give the money back to the government since your daughter passed away and just not probate the estate. This would be true if all of the money will be going to the creditors.