Not sure what county you are doing this in...but most of the Philadelphia area counties are still operating under restrictions and require an attorney to represent someone who is petitioning for probate. I know of a few cases where pro se persons have gotten through but the Register of Wills prefers a lawyer. They also are prioritizing which estates to open. I tried to open a couple recently that they deemed non-emergency so we have to wait.
I'm so sorry for your loss. Mr. Stern did give you a good answer. I do highly recommend that you consult with a lawyer to make sure you do everything correctly. Just because many of the forms are online, that doesn't mean that estate administration is an easy do-it-yourself project because of all of the rules, notices, taxes, and filing deadlines involved. I highly recommend that you bring a lawyer on board to do the legal work and make sure everything is done correctly.
Sometimes a lawyer can pay for themselves just by knowing what inheritance tax deductions you can take. Certainly it will save you a lot of time to have professional advice.
Almost all of us have private practices and most of us are working from our home offices. Call 2 or 3 people and see who you would like to work with.
Mr. Stern's explanation for when to check exceptions on the petition is correct. I would also recommend seeking probate counsel for the matter to avoid any issues down the road. Most estate administration attorneys are working behind the scenes and have various ways of handling the Register of Wills filings even though courts are publicly closed.
You check off no exceptions if after the date of the Will the decedent did not marry, was not divorced, was not a party to a pending divorce, did not have a child born, and was not a victim pf a killing and was never adjudicated as incompetent. Also, just because all assets were liquidated doesn't mean the administration will be that easy. There are still income tax returns, inheritance tax returns, notices to DHS, etc. It's very helpful to have a probate attorney assist and the fee (which will be reasonable) is a deduction for inheritance tax.
... hello ...
... the Petition has instructions as to what is or is not an exception ... just follow that ...
... good luck ...
John
Most states have affidavits of heirship or small estate affidavits that permit heirs under certain circumstances to obtain cash (usually up to a certain amount) from banks or insurance companies by merely signing an affidavit swearing under penalties of perjury to certain facts, such as: how many heirs and their names and last known addresses, whether the decedent left a will, has probate been commenced anywhere, etc. If such an affidavit can be used, it would save you time and effort. Check your state's laws or contact an experienced probate lawyer in your state for information. Good luck.
neck; lower back pain
i was in a motor vehichle accident while at work. i drive a full size school bus. another motorist crashed head on into the school bus. i am out on compensation. i had to have an independent exam with the comp doctor, i am appauled that he stated that based on his physical findings- i show positive signs of ''Waddell's signs'' and that i could return back to work BUT not to my normal job as a school bus driver. he also said that i should avoid prologned sitting,bending and lifting over 25 pounds. so basically he's stating that i am faking, however i really do have extreme neck, and lower back pain. can the insurance company doctors do this and get away with it? he also stated in the report that i should continue physical theraphy 3 times a week for another eight weeks and if further improvement is not noted then i should undergo MRI's of my cervical and lumbar spine. i have been out of work since March 26, 2007 and the doctor that i see regulary requested a MRI in April is this even right on my behalf, when in fact i am in pain?
My Son was arrested for a DUI in July. The Cop in Charge would not allow him to speak. She grabbed him threw him up against that car a spouted off "I'm tired of Fucking with you" and twisted his arm and put him on the Bus. There was no tape running to witness what she did. The other Cops involved went through his car and found a Dent Puller tool and they asked what it was for. They never read him his Miranda Rights. When they put my Son in the Jail and booked him put him with the other Prisoners. At 3AM they came down and found my Son and told him he was also being booked for a Felony on top of the DUI. When the final report was completed by this Female Cop she wrote down that my Son "hates the Cops"! She never met my Son until that night and now she makes a blanket statement that he "hates the Cops"! If he ever get's in trouble with the Law again and they read that statement they could hold that against him. The atmosphere here in Sacramento with the Sac Police is about to explode. They use Racial Profiling in almost all cases and never put a Minority Cop on the South Sacramento Beat, they are almost alway White and in this DUI checkpoint that night the Police were all White.
In view of what the Cop wrote on her report; can this be a case of Defamation of Character? This is also a reflection on me as his Father because of the way I raised him. For almost 10 years we both Bowled in the Sac Sheriff Annual Bowling Tournament and as members of SAC PD with two local Sacramento Policemen!
