Legal Question in Wills and Trusts in Pennsylvania

Your sister has very broad discretion with respect to buying and selling assets owned by your father. However, she cannot engage in self dealing. If she is selling this to a neutral third party, she can pretty much sell it as she sees fit. If it is too little, you can always offer to buy it for more. Best of luck.

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blogs at:

http://WillsTrustsEstates.blogspot.com/

http://BaseballLaw.blogspot.com/

--------------------------------------------------------------------------

The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

Asking the same question again does not change the answer:

I agree with Attorney Rainey's answer as well as with Attorney Pollock. First, a joint and mutual will only serves to pass the assets of the deceased person (here your mother) to your father or any other beneficiaries. If your father does not make a new will, then the will for your mother needs probated a second time upon the death of your father.

You do not indicate what assets are owned by your mother, whether they are probate assets and where your parents lived at the time of your mother's death. The duties of the personal representative would be to figure out what your mother owned that would be a probate asset, pay any just debts and then transfer what is left to the beneficiaries named in the will. However, there may not be much - many assets are non-probate assets. Examples are joint bank accounts, IRAs/pension/annuities, real estate jointly titled as a tenancy by the entirety/joint tenancy with right of survivorship or life insurance proceeds paid to named beneficiary. Is your sister the personal representative of your mother's estate?

Wills only become operative at death so your mother's death would control the disposition of your mother's probate assets under your mother's will. Since your father is still alive, the will does not control his assets. That is done by means of a financial power of attorney. If your sister is acting properly on your father's behalf, that's one thing. However, if she is abusing the power then anyone can apply to the court to become a guardian of your father and/or his property. To be a guardian, you must show mental incapacity on the part of your father to manage his affairs and that your sister is not a proper person because she is abusing her authority in some way. If all you have is that she is listing the property at too high of a price, I don't think this is going to cut it.

You ask if your sister can decide what value to put on the camp. Yes. A piece of land or any other property is worth what a willing buyer is willing to pay and what a willing seller is willing to sell for, neither party being compelled. However, unless she is a real estate or business valuation expert (assuming that this camp is a business), then it would not be prudent for her to just use rectum-derived reasoning to make up a number. If she has asked for a number out of proportion to the true value of the property, she will get no takers and will be forced to lower the price if she wishes to sell.

My question to you is why you want the camp to be sold at a lower price? This makes no sense. If the money is to be used for your father's nursing home care, know that stays in a nursing home are very expensive. I don't know where he is at, but it costs on average $4000 - $5000 in North Carolina where I live. You do not indicate your father's age but it is conceivable that he will live for awhile.

Are you trying to buy the camp? If that is the case, let your sister list it for a higher price. She will not get any offers if the property is indeed overvalued as much as you claim.