FIRST THE HOUSE SHE CO OWNED WITH HER SISTER AND GOES TO HER SISTER.
True, and that is not part of the probate estate if the house was held in joint tenancy with the right of survivorship.
SECOND ON ALL OF HER BANKING ACCOUNT SHE IS JOINTLY WITH ME.
These go to you without probate.
THIRD SHE HAD A WILL AND I AM NAMED AS EXECUTRIX AND SHE LEFT EVERYTHING TO ME EXCEPT A PIECE OF FURNITURE TO MY BROTHER. MY AUNT DIDN'T HAVE MUCH 7K AFTER THE FUNERAL EXPENSES WERE PAID FOR WHICH 3K IS AN INSURANCE POLICY.
That would normally be subject to probate, but see below for the Pennsylvania law on small estates.
SHE ALSO HAD A LIFE INSURANCE POLICY WHERE I AM ALSO THE BENEFICARY.
That too, goes to you without probate.
I HEARD THAT A LETTER MUST GO TO HER SURVIVING SISTERS AND ALL THE NIECES AND NEPHEWS? IS THIS TRUE?
This is usually true, but check out the procedure for small estates. The court may or may not require such a letter.
I ALREADY HAVE COUSINS ASKING FOR STUFF AND ONE CLAIMING MY AUNT PROMISED HER THE CASH IN HER ACCOUNTS. I TOLD HER THAT WAS NOT TRUE SINCE I HAVE BEEN ON HER ACCOUNTS SINCE SHE OPENED THEM 9 YEARS AGO. MY AUNT AND I WERE VERY CLOSE AND I KNOW SHE DIDN'T WANT THIS. THAT IS WHY SHE DID A WILL.
I agree with you, and so does the law. From the facts you give, they have no valid claim.
THE ATTORNEY WANTS $500 MIN. DOWN PLUS 100 AN HOUR IF SOMEONE FIGHTS THE WILL.
This seems like a reasonable fee; however, if you decide on the Small Estate procedure, you may be able to do it yourself.
NOW I DID TELL MY COUSINS HER BELONGINGS WILL BE DIVIDED AMONG THEM BUT NOT THE CASH. DO YOU SEE IF I'M IN FOR A LONG HALL OF IT.
I don’t think you will have much legal trouble. The only amount in dispute is the cash. If that is the cash in the bank accounts that she held in joint tenancy with you, then they would have to sue you to get it. Furthermore, if that is the only cash, then the only property left in the probate estate is the furniture. To get at the cash, they would have to sue you for using undue influence or something similar. Given the small chance of their winning such a suit and the small amount of money involved, it is not likely they will bring an action for that.
Following is the Pennsylvania law on small estates.
20 PCS§ 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.
