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Brother died, I'm only kin, what next?

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eyzhveit

Guest
What is the name of your state? Pennsylvania

My brother recently died and I am the only kin. He doesn't have much, only an old mobile home, used car and a small checking account. I also do not have many resources. He left no will, just an undated note to me saying if he didn't make it through the night to sell the trailer and car. I am afraid lawyer fees and inheritance taxes might break me. I'm 74 and live on Soc Sec alone. Any help or advice would be appreciated. I live in York County, Pennsylvania.
Thank you.
 


Dandy Don

Senior Member
You don't need to be concerned about lawyer fees or inheritance taxes. Contact the probate court to find out what the minimum amount of estate value must be before probate is required and do they have a form for simplified procedures for smaller estates.

You can probably probate this estate yourself, and you will need to file to become administrator to have the authority to sell the trailer and car and to be able to get the checking account money. If you need further advice, you can always consult with a local probate attorney.
 

JETX

Senior Member
eyzhveit said:
What is the name of your state? Pennsylvania

My brother recently died and I am the only kin. He doesn't have much, only an old mobile home, used car and a small checking account. I also do not have many resources. He left no will, just an undated note to me saying if he didn't make it through the night to sell the trailer and car. I am afraid lawyer fees and inheritance taxes might break me. I'm 74 and live on Soc Sec alone. Any help or advice would be appreciated. I live in York County, Pennsylvania.
Thank you.
Rather than some useless, generic statement as provided by others (can you say 'Dandy Don'??) that gives you no real answers, here are the answers to your questions:

Pennsylvania has a 'small estate provision' that sounds like it will likely apply in your brothers case. The actual statute is:
"§ 3102. Settlement of small estates on petition.
When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to family and funeral directors), but including personal property claimed as the family exemption) of a gross value not exceeding $25,000, the orphans' court division of the county wherein the decedent was domiciled at the time of his death, upon petition of any party in interest, in its discretion, with or without appraisement, and with such notice as the court shall direct, and whether or not letters have been issued or a will probated, may direct distribution of the property (including property not paid under section 3101) to the parties entitled thereto. The authority of the court to award distribution of personal property under this section shall not be restricted because of the decedent's ownership of real estate, regardless of its value. The decree of distribution so made shall constitute sufficient authority to all transfer agents, registrars and others dealing with the property of the estate to recognize the persons named therein as entitled to receive the property to be distributed without administration, and shall in all respects have the same effect as a decree of distribution after an accounting by a personal representative. Within one year after such a decree of distribution has been made, any party in interest may file a petition to revoke it because an improper distribution has been ordered. If the court shall find that an improper distribution has been ordered, it shall revoke the decree and shall direct restitution as equity and justice shall require."

From a PA Attorney site:
"Under the affidavit procedure, no Personal Representative is appointed. The person settling the estate, usually the surviving next of kin, signs a legal form known as an affidavit stating such things as that the statutory waiting period following the death has elapsed, that the estate does not exceed the legal limits, and that the person signing the form is legally entitled to receive the decedent’s assets. These forms are often available from the county probate court or from a stationary store selling legal forms. Parties receiving the affidavit are required to transfer the decedent’s property to the designated person. Because the probate court is not involved in overseeing the process of administration, the costs of using the affidavit procedure are low even if some assistance from one of our estate planning attorneys is required. The lack of court involvement usually results in much faster settlement. Accordingly, if your decedent’s estate qualifies, the small estate procedure will usually be most advantageous, provided that there are no serious conflicts among the beneficiaries.
This site also has lots of good 'general' information on the probate process and may be of benefit. It is located at: http://www.huckbouma.com/publications/pub15.htm
 

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