• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

no power of attorney or will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

denise55

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?
Pennsylvania

My aunt passed away last week with no will or power of attorney. She had verbally given my mother the use of her checkbook to pay bills, etc, very many months ago. Would there be any repercussions to my mother if she wrote a check from a deceased person's checkbook if her name was not listed on it? They had also consulted an attorney who never came in time to have anything signed as far as the ownership of the house as he said my aunt would have to be coherent. They day she told my mother on her deathbed that the house was hers she was very coherent and there were more than three people in the room as witnesses. My mother was beneificiary on my aunt's insurance policies, etc but that is about it. Is it true that if there is no will the siblings will have to agree about the house? My mother and father have lived with my aunt since August 1994.
Please advise the steps my mother needs to take.
 


BlondiePB

Senior Member
denise55 said:
What is the name of your state?What is the name of your state?What is the name of your state?
Pennsylvania

My aunt passed away last week with no will or power of attorney. She had verbally given my mother the use of her checkbook to pay bills, etc, very many months ago. Would there be any repercussions to my mother if she wrote a check from a deceased person's checkbook if her name was not listed on it? They had also consulted an attorney who never came in time to have anything signed as far as the ownership of the house as he said my aunt would have to be coherent. They day she told my mother on her deathbed that the house was hers she was very coherent and there were more than three people in the room as witnesses. My mother was beneificiary on my aunt's insurance policies, etc but that is about it. Is it true that if there is no will the siblings will have to agree about the house? My mother and father have lived with my aunt since August 1994.
Please advise the steps my mother needs to take.
Your mother cannot write any checks from deceased aunties account. I suggest that your mother consult with an attorney on Monday. Auntie's estate needs to be probated as intestate (without a will). Your mother can apply to be the executor of her estate. Did your mother and father provide the hands on care, etc. for your aunt?
 

BlondiePB

Senior Member
denise55 said:
My mother received no compensation for the care of my aunt.
Have your mother discuss caretaker compensation AND caretaker consideration for herself with an attorney. Your mother also needs to know whether if she is the executor to the estate if that, the compensation and consideration, would be a conflict of interest with her being the executor of the estate.
 
S

seniorjudge

Guest
denise55 said:
What is the name of your state?What is the name of your state?What is the name of your state?
Pennsylvania

My aunt passed away last week with no will or power of attorney. She had verbally given my mother the use of her checkbook to pay bills, etc, very many months ago. Would there be any repercussions to my mother if she wrote a check from a deceased person's checkbook if her name was not listed on it? They had also consulted an attorney who never came in time to have anything signed as far as the ownership of the house as he said my aunt would have to be coherent. They day she told my mother on her deathbed that the house was hers she was very coherent and there were more than three people in the room as witnesses. My mother was beneificiary on my aunt's insurance policies, etc but that is about it. Is it true that if there is no will the siblings will have to agree about the house? My mother and father have lived with my aunt since August 1994.
Please advise the steps my mother needs to take.

Your mom may not write checks out of auntie's checkbook; to do so is (among other things) forgery and stealing.

Since auntie did not write a will (or otherwise dispose of her property), that means she intended the Commonwealth to tell her where her stuff went. That law is discussed here:

http://www.finance.cch.com/pops/c50s10d190_PA.asp

Pennsylvania Intestate Succession Laws

If any part of a Pennsylvania decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* A surviving spouse is entitled to the entire intestate estate if the decedent is not survived by a child, grandchild, parent, brother, sister, child of a brother or sister, grandparent, uncle, or aunt.
* If the decedent is survived by more than one child, or by one or more children and the issue of a deceased child or children, or by the issue of more than one deceased child, the surviving spouse is entitled to one-third of the intestate estate.
* If the decedent is survived by one child only or by no child, but by the issue of one deceased child, the surviving spouse's share is one-half of intestate estate.
* If the decedent is survived by no issue, the surviving spouse gets the first $20,000 worth of property and one-half of the remaining value of the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's issue.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters, or their issue.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would.
5. Decedent's uncles and aunts and their children and grandchildren.

3. Commonwealth of Pennsylvania. If there is no taker under any of the above provisions, the intestate estate passes to the commonwealth of Pennsylvania.

Pennsylvania Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* Relatives conceived before decedent's death, but born thereafter, inherit as if they had been born during decedent's lifetime.
* A spouse who willfully neglected or refused to support a deceased spouse or who willfully and maliciously deserted the deceased spouse for one year or more prior to death cannot inherit any title or interest in the deceased spouses's intestate estate.
* Evildoers take note! Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of the decedent is prohibited from receiving any benefits from the killing, including a share in the intestate estate.
* Pennsylvania's intestate succession laws, as well as other related laws, can be found in Title 20 of Purdon's Pennsylvania Consolidated Statutes Annotated.

Copyright 2002 - 2005, CCH Tax and Accounting - A WoltersKluwer Company. All Rights Reserved.
 
S

seniorjudge

Guest
BlondiePB said:
Ah shucks, Judgy. We can always count on you posting them intestate statutes. You are the best. :)
I own lots of stock in CCH! :D




MARY...JUST KIDDING, OKAY?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top