Legal Question in Wills and Trusts in Pennsylvania

My youngest sister recently passed away with no will and only a car in her estate but with many bills. What do I need to do?


Asked on 2/17/11, 6:21 am

1 Answer from Attorneys

An estate should be probated. Claims are paid in order of priority, starting with the funeral, but only up to a certain amount. I do not know the value of the car, but it will probably have to be sold. After administrative expenses, if there is anything left it is divided among the creditors, again by class of priority.

I am not privy to any of this information. Are your sister's parents alive? If so, are they elderly? Are you the only sibling? Whoever lives in the county and state of residence of your sister should be the administrator of your sister's estate. If your parents are not able to do it, then you or another of your siblings should do it.

Before you open an estate, pay money to go to a probate lawyer in that county/state. Find out if probate is necessary (it probably will be to sell the car), but I do not know. If it is not, then simply write to the creditors and tell them your sister is deceased and that probate is not justified (if that is the case) and that any assets that she had have been used up for funeral and other higher priority expenses. Ask them to close the account. Send a copy of her death certificate and send the letter via certified mail.

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Answered on 3/19/11, 10:57 am


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