Legal Question in Wills and Trusts in Pennsylvania
wills
My father passed 12/20/08 & he had a valid will naming myself, my older sister & my step-sister to split 3 ways any assets after his death. My older sister is the executrix & has moved monies from one bank account to a new one after his death (she was a co-signer on his bank acct.); not advised banks, credit card companies or LTC/NH ins. company, etc that he has passed & owes the nursing home he resided in 3 mos back pay. Though we have issues with them, father was injured 2xs by their employee negligence. Does she have to probate the will? My step sister has no idea there is one & I do not believe there will be monies to distribute yet I am concerned with the legal ramifications. Please advise.
1 Answer from Attorneys
Re: wills
In order to transfer any property owned by a deceased person, that person's estate must be probated. In your case, that means filing the will in the office of the Register of Wills for the County where your father resided.
The executrix cannot act without first filing the Will and having "Letters Testamentary" issued to her by the Register of Wills.
The Register of Wills' staff will provide the documents needed to open the estate [start probate] and give you basic instructions. They cannot give you legal advice.
Without estate administration, no one has legal authority to change title to any property, including money, in the estate.
If you suspect that your sister is mishandling the estate, you should consult with a local estates lawyer.
The probate process should not be expensive. However, all taxes on the deceased's income and inheritance taxes on his estate, as well as all debts, must be paid before distributing the remaining assets in accordance with the will.
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.
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