Pa. Father Died. No Will. Pre Nup.

[MikeMay215]

What is the name of your state (only U.S. law)?

 

[MikeMay215]

am the oldest of 4 children. My father passed away in February after a brain injury 6 months before. He left no will. My parents were separated for 2 years after my mom left our house with the 3 minor siblings and forced my father to sell the family home. She received undocumented support from him for eveything and lived in a Co owned house they had bought when they were married. Me and my father then bought a less expensive house after she forced him to sell the house they were living in which she owned at a $250,000 loss. They had an informal arrangement that as long she receive payment they would not divorce. After making him sell 2 houses that were listed on their pre nuptials in his name and receiving half the money she hid his car, drained their joint acount and bought a new hyundai. That week divorce papers landed which he signed for. A month later he had a fall which led to his death 6 months later. My mother was there and attentive during his hospital stay. Then he died.



He left no will , but there is a pre nuptials that has all his property listed. The house she lives in was in both their names. She tries to sell off the houses listed on the pre nuptials before the divorce as part of her strategy. An interesting thing the pre nuptials states is that they both give up the right to act as executor or inherit anything not willed to eachother.



Since then she has sold 2 houses for under market value. She has received a stock account with $80s in it that she was set up as the beneficiary. There are 5 rental properties and a shore house. There is a 2nd mortgage on the house she lives in now for 100k, he took it out but the house is in both there names. She claims it must be paid off as part of the estate debt. Besides his stock account be was relatively cash poor with probably only 8 k in his accounts.



My mother refuses to discuss distribution with us. She says we have no say in anything because we are children. I know my father would want his legacy to continue on but she wants to see it gone. She purposely played him to hurt him and his pride. There are no mortgages , but some personal debt. She has been collecting rent checks in her name from some of the properties claiming that it goes towards the estate. Yet are not allowed to see the estate finances or receive any money or live in any of the houses, half of which are vacant.



When the accident happened me and my younger 21 ye old brother moved back in with our mother to be close to family. She has used this as a weapon and has now locked us out of my fathers house where we lived with him. She does not want to rent the houses out or put any effort forward and I'm pretty sure she's stealing from us. Also I'm pretty sure some type of inheritance tax needs to e paid after almost a year. We are being told that after the debt there probably won't be anything left for us

I need legal help, but I am afraid that I will be kicked out if I do. I took over the family towing business for the past 5 years. While my father was still alive he physically gave me the keys and the title to his tow truck which I use to make a living. I never formally got the title switched because we have the same name. She has threatened to take that away from me.



Please I need some serious advice.

What are my rights here as far as inheritance , the management of the estate, having a place to stay, and keeping my truck.



I am the oldest of 4. My younger brother is 21. My sister will be 18 next month and I have a 16 year old brother. The younger two will side with her , but the 21 year old will side with me no matter what.



Please help me out and consider all details. This whole thing has been so horrible

 

[MikeMay215]

The pre nup has a clause stating that both parties are not allowed to act as executors in the event of death and forfeit all rights to intestate and will only receive what is directly willed to them. I do not have the original, only a copy.

 

[MikeMay215]

We are in Pennsylvania

 

[Proserpina]

am the oldest of 4 children. My father passed away in February after a brain injury 6 months before. He left no will. My parents were separated for 2 years after my mom left our house with the 3 minor siblings and forced my father to sell the family home. She received undocumented support from him for eveything and lived in a Co owned house they had bought when they were married. Me and my father then bought a less expensive house after she forced him to sell the house they were living in which she owned at a $250,000 loss. They had an informal arrangement that as long she receive payment they would not divorce. After making him sell 2 houses that were listed on their pre nuptials in his name and receiving half the money she hid his car, drained their joint acount and bought a new hyundai. That week divorce papers landed which he signed for. A month later he had a fall which led to his death 6 months later. My mother was there and attentive during his hospital stay. Then he died.



He left no will , but there is a pre nuptials that has all his property listed. The house she lives in was in both their names. She tries to sell off the houses listed on the pre nuptials before the divorce as part of her strategy. An interesting thing the pre nuptials states is that they both give up the right to act as executor or inherit anything not willed to eachother.



Since then she has sold 2 houses for under market value. She has received a stock account with $80s in it that she was set up as the beneficiary. There are 5 rental properties and a shore house. There is a 2nd mortgage on the house she lives in now for 100k, he took it out but the house is in both there names. She claims it must be paid off as part of the estate debt. Besides his stock account be was relatively cash poor with probably only 8 k in his accounts.



My mother refuses to discuss distribution with us. She says we have no say in anything because we are children. I know my father would want his legacy to continue on but she wants to see it gone. She purposely played him to hurt him and his pride. There are no mortgages , but some personal debt. She has been collecting rent checks in her name from some of the properties claiming that it goes towards the estate. Yet are not allowed to see the estate finances or receive any money or live in any of the houses, half of which are vacant.



When the accident happened me and my younger 21 ye old brother moved back in with our mother to be close to family. She has used this as a weapon and has now locked us out of my fathers house where we lived with him. She does not want to rent the houses out or put any effort forward and I'm pretty sure she's stealing from us. Also I'm pretty sure some type of inheritance tax needs to e paid after almost a year. We are being told that after the debt there probably won't be anything left for us

I need legal help, but I am afraid that I will be kicked out if I do. I took over the family towing business for the past 5 years. While my father was still alive he physically gave me the keys and the title to his tow truck which I use to make a living. I never formally got the title switched because we have the same name. She has threatened to take that away from me.



Please I need some serious advice.

What are my rights here as far as inheritance , the management of the estate, having a place to stay, and keeping my truck.



I am the oldest of 4. My younger brother is 21. My sister will be 18 next month and I have a 16 year old brother. The younger two will side with her , but the 21 year old will side with me no matter what.



Please help me out and consider all details. This whole thing has been so horrible

Even if you're wrong or have nefarious intent?

Mike, I think you need to speak to a local attorney. I strongly believe you don't have all of the details.

 

[MikeMay215]

My intent is to maximize the money for everyone. She is the one with nefarious intent. She wants to see everything gone just to spite a dead man and the two sons who cared for him.

She only wants everything for herself and is too lazy to put effort in.

 

[anteater]

My intent is to maximize the money for everyone. She is the one with nefarious intent. She wants to see everything gone just to spite a dead man and the two sons who cared for him.

She only wants everything for herself and is too lazy to put effort in.

In any event, consult with an estate/probate attorney.

 

[justalayman]

If your father signed the title to the truck to you before his death it is yours. If he didn't, it's not yours and from the sound of the things won't ever be yours.



As to everything else you need a lawyer who can review everything and advise you as to things such as the enforceability of the pre-nup and research real estate titles and such.

All of the "she forced him to..." Is irrelevant.

the situation is far too complex to attempt to give any advice on what might happen.

 

[MikeMay215]

She's gonna try to kick me out as soon as I hire an attorney. What are my rights as far as staying in the house I am in now (hers). Or moving into one of the vacant properties.

 

[Proserpina]

She's gonna try to kick me out as soon as I hire an attorney. What are my rights as far as staying in the house I am in now (hers). Or moving into one of the vacant properties.

Mike. You need an attorney.

Really.

 

[justalayman]

She's gonna try to kick me out as soon as I hire an attorney. What are my rights as far as staying in the house I am in now (hers). Or moving into one of the vacant properties.

First, any property that is in her name whether it be only her or some sort of shared ownership with your father she can boot you. (See following regarding being a tenant)

Then, any property solely in his name only the executor/personal representative/administrator can evict you

If you can be considered a tenant she would have to give you proper notice (often 30 days in many states) after which she could have you booted.

You have no rights to remain in any property you don't own other than what rights a tenant would have if you are in fact considered a tenant.

Given the house you live in is hers she can boot you upon giving proper notice if applicable.


Given the situation you really need an attorney.

 

[LdiJ]

She's gonna try to kick me out as soon as I hire an attorney. What are my rights as far as staying in the house I am in now (hers). Or moving into one of the vacant properties.

Mike, anything that was jointly in the name of both of your parents belongs to your mother now. The prenup is irrelevant to jointly owned property or accounts. Any separate property that was sold/divided before your father died is irrelevant now also.

The only possible things that could be considered to be intestate assets (assets that could partially come to you and your siblings) would be assets that were solely in your father's name at the time that he died. Your mother would be entitled to a share of those assets on a intestate basis as well.