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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Our father recently died without appointing anyone executor.

Resolved Question:

Our father recently died without appointing anyone executor. just a yellow legal sheet stating all assets divided evenly between the 4 of us (me, my brother, my two sisters). They want me appointed executor, or the one responsible for the final decisions. But we've agreed all decisions will be unanimous. Any advice?

PS we are all in Philadelphia PA and our father was born and died here
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question. Sorry to hear about your loss.

What assets are in your father's sole name? Are there bank accounts or automobiles?
Customer: replied 1 year ago.


Yes we found a few bank accounts, some CD's, some EE bonds. He has two homes: one in Phila that has no mortgage and one in New Jersey that has a mortgage of just over $100,000 that is being paid directly from a designated account. Car is paid off.

Expert:  John Elder replied 1 year ago.

So you are going to need to go down to the probate court in the county where your father died and qualify as administrator of your father's estate. Your siblings will have to renounce their right to qualify as administrator and authorize you by signing forms you get from the probate court.

You are also going to have to file with the probate court in the county where your father's home is located in New Jersey after you file for probate in PA.

The probate courts will help you with the filing of documents that you need. Essentially the probate process is to give you court authorization to locate assets, pay your father's debts then distribute assets equally.

If the probate courts are not providing enough assistance then your best bet is to hire an experienced estate administration attorney to help you as even if your siblings are all cooperative, this process can be very confusing.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

 

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Thank you,

John

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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