Legal Question in Wills and Trusts in Pennsylvania
Father just passed away. He doesn't have a will or much of a paper trail. Only thing he does have is a few bank statements. I would like to get access to that money to help cover his funeral costs, however, I don't want to inherit his debts either. What is the best, legal approach to this?
1 Answer from Attorneys
Probate an estate. Even if this is a very small estate there is usually a simplified procedure that you can use to collect money from your father's bank. You will need to deposit the funds into an estate account. You will then notify any potential creditors by publishing a notice in the newspaper and by writing to them if you know of them. Once all claims are filed, you see if you have enough money to pay the claims. If you do, then pay. If you don't have enough money, then pay in order of priority. Funeral expenses get top priority, but only up to a certain amount.
I don't know if your father lived in PA at the time of his death or somewhere else. If it is PA, go to the Orphan's Court in the county where your father lived and get the necessary papers. If in another state, you will need to speak to the person in charge of the estates division - some states call their probate court by different names (in New York, for example, its called the Surrogate's Court) so you may have to hunt for it.
I would also suggest that you pay a probate lawyer located in the county/state where your father resided at the time of his death for an hour of their time to review the matters with you and advise you as to whether a simplified form of probate is available to you, whether you will need a lawyer, whether there is enough money to pay any claims and if not, the order/amount of priority claims, and your overall responsibilities as the personal representative.
Just because you are the personal representative doeds not make you personally liable for your father's debts. These are the responsibility of your father's estate. I don't know what assets and debts your father had. Heirs can't keep valuable things (land, cars, tools, etc.) and not pay the bills and these items may have to be sold if there is not enough money. If these things are not at issue and you don't have enough money, you pay in order of priority as I said. When the money is gone, its gone.