Legal Question in Wills and Trusts in Pennsylvania

First, condolences on your loss.

I don't think that you are _required_ to probate your father's, especially if there is nothing left for you. You may want to seek property that the girlfriend has appropriated, if it really was your father's. But even then, it sounds like it doesn't add up to enough to warrant the estate administration. If there was a will and your were named as personal representative, you are entitled to renounce [say that you cannot or do not wish to serve] and you may disclaim [say that you don't want] any property in his estate.

However, if there is a possibility that there may be more value than I understand from your question, you indeed want to probate the estate. His girlfriend does not have any authority to serve as personal representative. But if you serve, it would be next to impossible to get the information you'd need from an uncooperative girlfriend, and you would be undertaking to make sure that creditors are paid out the estate.

Life Insurance: write to the former employer to ask about it and how to collect the proceeds if it is still in existence.

The estate, not you, would owe any taxes due on assets of your father's.

If the joint account was merely for convenience, the girlfriend may not be entitled to all of it.

There may be an issue with your father's having made gifts shortly before his death of the proceeds of his settlement. Again, I do not know the ins and outs of tax.

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.

I am sorry for your loss. I understand your circumstances, but you really need to see a probate attorney. They get paid out of the estate and if they can review the assets, they may be willing to wait for their fee so that it need not come out of your pocket right now. Also, many attorneys may give free consults and your situation is complex enough to warrant that.

I do not do any worker's compensation, but you might want to talk with the worker's compensation attorney. If a settlement was reached, then worker's compensation has to pay that money and that should be an asset of your father's estate. Regarding the IRA, you will have to see a tax professional about that, although it does not sound like there is a huge amount of money there. As for the life insurance, you will have to contact the employer and find out who the insurance carrier was. You will then have to contact the carrier and make a claim if you are the beneficiary.

If your father bought furnishings, those are not marital as he was not married. The girlfriend does not get those things automatically. However, those things are now used and are not worth what your father paid. Arrive at a reasonable sum and have the girlfriend buy those things from the estate if she wants to keep them.

The car is hers if her name is on it and would not have to go through probate.

If there is not enough money in the joint checking, then maybe the girlfriend will be required to pay it back. With respect to inheritance taxes, I don't know where your got your information, but it does not sound correct. Since your fafther had no will, the girlfriend gets nothing.

Please - you need to stop doing this on your own and you need to at least talk to an attorney to get advised on the probate process and show the attorney what assets your father had ot see if probate is warranted. If it isn't, then drop it. There is no sense in you doing work for the benefit of the creditors if there is nothing to administer. And the lack of probate will not stop you from getting any insurance money if you are entitled to it. But the only way to know for sure is for you to talk to an attorney.