Stop in for a cup of coffee

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Sissy's:rofl:....I am 64 now and still ride like I was (as best I can). I rolled a 4 wheeler in May doing something I should not have been doing. It hurt for sure and I take longer to heal. If it is my time it will come like that or somehow. I want to die in my sleep for sure but some of us do not have that luxury no matter how careful we are. I had a friend have a tree fall on him and may lose both legs
I still ride a couple thousand miles per year. Wife wants me to ride more, increase the odds a bit!
 
I've been been doing so much with so little for so long that now I can do practically anything with almost nothing.:poke::lol:
We, the unwilling, led by the unknowing are doing the impossible for the ungrateful. We have done so much, with so little, for so long, that we are now qualified to anything with nothing..
 
We, the unwilling, led by the unknowing are doing the impossible for the ungrateful. We have done so much, with so little, for so long, that we are now qualified to anything with nothing..
My life’s frickin story right there...
 
Another painful day in closing out the life of my brother in law. I have learned more about PA probate law than I ever cared to know.
 
Another painful day in closing out the life of my brother in law. I have learned more about PA probate law than I ever cared to know.
Can you fill me in? I see issues already creeping up between siblings over Mom
 
I just got done talking to my mother about getting power of attorney...just trying to get ready
 
Another painful day in closing out the life of my brother in law. I have learned more about PA probate law than I ever cared to know.

Oh I bet. I'm sorry that even in death, the burden seems to not be over just yet.
 
Durable power of attorney and medical power of attorney are valuable to control decision making when a person is alive, but it ends at the moment of death.

The number one thing to do is have a will that spells out clearly what your wishes are. Even with a will, once it goes into probate after death the law clearly spells out which expenses get paid first out of the estate and then any money or property remaining gets distributed to the beneficiaries as per the directives in the will. The expense payments go in the following order:

1. Funeral expenses
2. Expenses related to the execution of the estate (legal and administrative fees)
3. Medical expenses unpaid in last 6 months
4. Creditors (most bills including credit cards, loans, utilities, etc.)
5. Medical expenses unpaid prior to the last 6 months
6. All other legal claimants


If there is no will, then the remaining estate goes in solely to the next of kin in the following order:

1. Surviving spouse
2. Surviving children
3. Surviving parents
4. Surviving siblings
5. State commonwealth for petition by any remaining relatives

There are hundreds of other details but one that is most important is that a full inventory must be taken and valued before any distributions to expenses or beneficiaries are permitted with the exception of money to pay for the funeral expenses.

In other words, no taking moms old desk lamp until it is legally given to you.
 
She really has nothing. If there is not enough to pay creditors does that fall on the children?
 
She really has nothing. If there is not enough to pay creditors does that fall on the children?
No, the estate pays out what it can in the order listed and the rest of the debts go unpaid. The debt is not transferred to any survivors.

The only was anyone has to pay a debt is if they were a co-signer or if they benefitted from the debt (like a loan that they took out and gave you the money).
 
Thanks guys. I know it is a hard time for you Dave but that is what we are facing right now. We are trying to get her in a home but it is hard to deal with and I am the oldest.
 
Another important part of all of that is if there are family heirlooms, keepsakes etc. that you don’t want being used to pay final expenses, give them away to the recipients BEFORE you die.

This doesn’t mean they have to take possession of them immediately, just document that they were given to them. They can still reside where they were...kinda like lending a tool to a friend to keep at their house but you still own it.
 
Thanks guys. I know it is a hard time for you Dave but that is what we are facing right now. We are trying to get her in a home but it is hard to deal with and I am the oldest.
I understand completely and I’m happy to share what I learn if it makes someone else’s life easier when they have to go through it.
 
Durable power of attorney and medical power of attorney are valuable to control decision making when a person is alive, but it ends at the moment of death.

The number one thing to do is have a will that spells out clearly what your wishes are. Even with a will, once it goes into probate after death the law clearly spells out which expenses get paid first out of the estate and then any money or property remaining gets distributed to the beneficiaries as per the directives in the will. The expense payments go in the following order:

1. Funeral expenses
2. Expenses related to the execution of the estate (legal and administrative fees)
3. Medical expenses unpaid in last 6 months
4. Creditors (most bills including credit cards, loans, utilities, etc.)
5. Medical expenses unpaid prior to the last 6 months
6. All other legal claimants


If there is no will, then the remaining estate goes in solely to the next of kin in the following order:

1. Surviving spouse
2. Surviving children
3. Surviving parents
4. Surviving siblings
5. State commonwealth for petition by any remaining relatives

There are hundreds of other details but one that is most important is that a full inventory must be taken and valued before any distributions to expenses or beneficiaries are permitted with the exception of money to pay for the funeral expenses.

In other words, no taking moms old desk lamp until it is legally given to you.
So, was there a will/ executor? And did he have anything worth dealing with. My brother lived in Jersey and had nothing, so didn’t bother with any of that. State paid for cremation and enough to cover cemetery burial fee. I made an urn/ wood box and set it on the hole. (My parents plot.) My sister and I bought a bronze name plaque to add to the headstone
I did the whole probate process for Dad...
 
Another important part of all of that is if there are family heirlooms, keepsakes etc. that you don’t want being used to pay final expenses, give them away to the recipients BEFORE you die.

This doesn’t mean they have to take possession of them immediately, just document that they were given to them. They can still reside where they were...kinda like lending a tool to a friend to keep at their house but you still own it.
I believe they consider anything significant given less than a year prior to be considered same as in the will
 
So, was there a will/ executor? And did he have anything worth dealing with. My brother lived in Jersey and had nothing, so didn’t bother with any of that. State paid for cremation and enough to cover cemetery burial fee. I made an urn/ wood box and set it on the hole. (My parents plot.) My sister and I bought a bronze name plaque to add to the headstone
I did the whole probate process for Dad...
No will, but his Mom is legal executor. He really had nothing so it didn’t even cover half of the funeral expenses. We don’t need to take it to court for that reason. However, probate law still applies so we have to go through some of the due process as we notify his creditors.
 
I believe they consider anything significant given less than a year prior to be considered same as in the will
That’s only if you were sick and knew you were terminal. Without any prior indication of the impending death, what you give away is not considered touchable by the estate.

If I give my sister my stamp collection and then get hit by a bus tomorrow, it is not part of the estate.
 
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