Legal Question in Wills and Trusts in Pennsylvania

My father passed away recently. He was unmarried and lived in Pennsylvania. I am his son. I reside in Colorado and am named as the executor on his will. He was broke, living on social security and owned nothing except his clothes and personal effects. He rented a room. He had a vehicle, with a lien equal to or greater than the value of the vehicle. There was a small amount of cash left in the checking account which was used for a down payment on the funeral. The rest I assume I am responsible for. There are no other assets. There is credit card debt and possibly hospital bills. I flew to PA to handle the funeral arrangements. In my grief and being overwhelmed I had an accident in his vehicle and it is considered totaled. There were no other parties involved in the accident. A claim has been filed as the insurance was still in effect and I am going to ask the insurance company to pay that directly to the lien holder if they are able to. Do I need to probate the will?


Asked on 10/17/10, 11:57 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

You would be best off consulting an estates lawyer in the county where your father resided. There are many considerations in your question. To try to answer, it would be necessary to review all of those issues and the actual information as to assets and liabilities in your father's estate.

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.

Read more
Answered on 10/23/10, 10:23 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania