Category Archives: Probate, Trusts, Wills & Estates

Probate, Trust, Wills and Estates Law deals with administration of a deceased person’s estate. Probate legally passes title and transfers assets to the heirs listed in a Will. Trusts are not administered through the probate process and the terms of a trust are not disclosed to the public.

Hi,

My father is terminally ill with abdominal cancer.

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Hi,

My father is terminally ill with abdominal cancer… doctors are not sure how much longer he has – in November of 2008, they gave him 6-months – today, he is still functioning (cancer is growing slowly), and we can only hope he has another year.

My concern (question) is that he is very private person, and will not talk about anything…. he won’t even tell us what he wants after he passes away (memorial service, funeral, burial, cremation, etc…he just says do what’s in your heart, which is very difficult for us). He does not have a Living Will nor does he have any desire to create one.

My parents divorced 30 years ago, and he never remarried – it’s just me and my sister. His parents have passed away, and he has one estranged brother. When I asked him about a Will – he said there’s no need for one because the law will divide his money and property between his two children, and it’s as simple as that… Is this true?

Any advise is greatly appreciated during this difficult situation we are faced with.

Sincerely,
Melanie

will my mother has alzheimers real bad and a will and living will were written…

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will
my mother has alzheimers real bad and a will and living will were written with dad sane and mom. Dad died 06/01/07 my one sister is executor and I’m second . Today I found out she went to the bank to get a new will notarized taking me out and putting in another sister with out my consent . As executor can she sign under my mothers name (because of the alzheimers she signs for mom. ) can she take me off my mothers will and living will ?

Living Trust and Pour-over Will My father died in 2004 in Delaware County PA.

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Living Trust and Pour-over Will
My father died in 2004 in Delaware County PA. When I called to get a copy of
his will I was told that no will had been filed, however, an account was
opened to pay taxes in the amount of 4860.00.

I contacted my brother, who handle the legal affairs to ask why no will had
been filed. His response was:

”On 7/5/2000, Dad executed a Revocable Living Trust as part of an Estate
Planning Portfolio which contained both a Living Will and a Last Will &
Testament or ”Pour-over Will.” These documents were filed at the Media
Courthouse [county seat for Delaware Co.] The provisions specified in the
Trust were executed upon his death in accordance with his wishes and
probate is not necessary in the case of a RLT.”

My question is whether, as an heir, though probably not a beneficiary, am I
entitled to a copy of the trust and will, since information I am reading says
that a trust is not public record. And should this have been provided to me
and the other children by our brother upon our father’s death?

I believe that my brother was the only beneficary, but want to know the
details and if I have any legal options for obtaining the information.

Thanks for any insight you can provide.
Freelancer 223@aol.com