Legal Question in Wills and Trusts in Pennsylvania

Re: Trasnsfer of beneficiary

Did you mean that your father's sister named her older brother as "beneficiary" (meaning he inherits part or all of the estate) or as "executor" (the person responsible for administering the estate?

Executors are not required to serve, and may file a document declining to serve. If the will appoints a successor executor, that person would serve. If no successor executor is appointed, a family member may apply to be appointed the personal representative to administer the estate. Application is made to the Register of Wills for the county where the decedent resided at the time of death.

Beneficiaries may disclaim anything that is left to them in a will, but they may not control who gets it in their place. The will usually provides for alternative beneficiaries, and the desires of the decedent to dispose of her assets is honored, provided, of course, that there are sufficient assets to pay taxes and debts first.

Re: Trasnsfer of beneficiary

He certainly can give the property to anyone he wants, but there may be gift tax problems--he should make the gift or disclaimer with the advice of an estate planning attorney, and disclaimers must usually be made within 9 months of the date of death.

If he wants the property to go to a specific person, the disclaimer may not work, as he can't direct where the property goes--it just goes to the person who would have inherited it if he had predeceased your father's sister. If he wants a different result, he can accept the property and then make a gift of it to the desired recipient, provided he understands any tax ramifications of doing so. This may sound complicated or involved, but an attorney can advise him and take care of all the work.

Re: Trasnsfer of beneficiary

Ms. Jacobson & Mr. Johnson have given you very good advice. In California, it is possible for any interested person to begin probate proceedings. If the same is true in PA and if probate is required (there are sometimes exemptions to probate that might apply), then your Father could start the proceedings. Definitely check with a PA attorney.