Summary
If your brother does not want to serve as the executor, he can file a renunciation with the probate court in Pennsylvania. This allows the court to appoint a new executor, usually the next person named in the will. If no alternate is named, the court will choose. To become an executor, you need to wait for your brother to renounce his role formally. If youre next in line as per the will, youll automatically be considered. If not, you can apply to the court for this role. Your siblings can renounce their inheritance by filing a disclaimer of interest with the probate court within nine months. Consult a lawyer for guidance.Full Conversation
I am looking for advice with my mom.
Hi **** ****, I'd be glad to help. Can you please provide more details about the situation with your mom? Also, could you let me know your location as laws can vary depending on that?
She is in the hospital and is not doing well.
I'm sorry to hear about your mom, ****. Are you seeking advice on medical decisions, estate planning, or something else? Your location would also be helpful, as laws vary by state.
Reading Pa
I'm sorry to hear about your mom, ****. Are you seeking advice on medical power of attorney, estate planning, or end-of-life decisions? Pennsylvania law has specific provisions for each of these.
Estate planning
Hello ****. In Pennsylvania, estate planning involves several key elements:
- Creating a Will
- Appointing an Executor
- Establishing Trusts if necessary
- Health Care Directives
- Power of Attorney
Please consult an attorney for detailed advice.
My brother is the executor, but does not want it
If your brother does not want to serve as the executor, he can decline. He can do this by filing a renunciation with the probate court in Pennsylvania. This allows the court to appoint a new executor, usually the next person named in the will. If no alternate is named, the court will choose.
How would I become the executor
To become an executor in Pennsylvania, you need to:
- Wait for your brother to renounce his executor role formally.
- If you're next in line as per the will, you'll automatically be considered.
- If not, you can apply to the court for this role.
- You'll need to obtain Letters Testamentary from the probate court to officially start.
If my brothers and sister renounce they do not want the estate, and want to leave it to me, how would we go about that.
In Pennsylvania, if your siblings want to renounce their inheritance:
- They must file a "disclaimer of interest" with the probate court.
- The disclaimer should be made in writing and submitted within nine months of the deceased's death.
- Once done, the estate will pass as if they had predeceased the decedent, likely making you the next in line.
Would we need a lawyer for this to be done, or can we just go to the probate court
You can usually file a "disclaimer of interest" at the probate court yourself, but it may be beneficial to consult a lawyer to ensure all processes are correctly followed. Pennsylvania law can be complex and a lawyer can provide specific advice.
I am in need of a lawyer probono,
You can contact the Pennsylvania Legal Aid Network or the Pennsylvania Bar Association for pro bono services. Here are their details:
Pennsylvania Legal Aid Network
Phone: (*) *-*
Website: www.palegalaid.netPennsylvania Bar Association
Phone: (*) *-*
Website: www.pabar.org Thank you
You're welcome, ****. If you have any more questions or need further assistance, feel free to ask. Good luck with your situation.
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