Legal Question in Wills and Trusts in Pennsylvania

My father died in January, 2010 and my mother died six weeks ago (January 2011). They lived in Pittsburgh, Pa and did not have an estate plan in place. My mom's will states that all assets will be divided between the three siblings.

There are three of us, two brothers and a daughter. I am the executor and live out of town. My two brothers live in the Pittsburgh area.

My younger brother has been paying the bills since she died. When he met with a lawyer he was told that my Mom's bank accounts would be frozen, a notice would be sent that my Mom passed away and that collectors had 30 days to submit a claim. It was explained to us that after 30 days no one could file a claim for any outstanding bills.

Is this correct?

The only outstanding large bill that we know of is with the hospital for medical services for my Dad's care prior to him passing away. Are we responsible for paying the hospital costs?

Prior to my Mom passing she had surgery for colon cancer and was sent to a nursing home to recover. She wrote checks for my brother to cash so he would have money to pay her utility bills (gas, electric, etc).

We have divided up the contents of the house among the three of us and have started painting and plastering in order to put the house on the market. All costs incurred will be split three ways and deducted from the inheritance.

When I met with the lawyer we went into Pittsburgh to file the papers that would identify me as the executor. He told me that we would need to create an estate before we could proceed with the sale of the house.

Why do we need to create an estate if the three of us agree to divide the proceeds equally, as stated in my mom's will? The only assets are the house, a small savings account, and a small CD.

Also, the lawyer said that my Mom's will is not completely in order. He said that I need to verify that she signed the will.

I don't have any experience with this and would appreciate a few minutes of your time.

Thanks


Asked on 3/09/11, 8:55 am

1 Answer from Attorneys
Rachel Hunter

First, if you have a lawyer you should be directing these questions to him. What he told you is correct. You need to probate an estate. Your mother's bank account funds in her personal account should be transferred, but only after an estate is probated for your mother and you are officially appointed as the executor. However, I have a suggestion as you are out of town, would it be feasible if one of your siblings who are in Pittsburgh served instead?

Regarding sale of the home, this has to be done through the estate. The creditors need to be paid beforee you sell the home.

Once the will is submitted for probate and you are appointed, notice has to be given to the creditors and they have a set time to come forward to file any claims. The notice should be run in the newspaper. You have a lawyer and he will be assisting with this. He is correct though that any claims cannot be filed after the deadline or else they can be denied.

I don't understand - you say there is no estate plan but then claim that your mother had a will. So there was an estate plan. Did a lawyer prepare the will for your mother? If so, it should have been witnessed and notarized. If it was not notarized, then the witnesses will need to testify and verify your mother's signature.

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Answered on 3/09/11, 2:39 pm


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