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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 8089
Experience:  Since 1983
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How soon can I go to Probate?

Resolved Question:

I'm in Pennsylvania. My mother passed away, and she had a Will that specifically identified me, her only son, as the heir. Her home was in her name alone,  as was her motor vehicle. One large bank account with $20K has a "payable upon dealth (to me)" statement attached. All holdings listed me as her "beneficiary". There was a second mortgage of about $2000, which I paid off out of my own money. The first mortgage of $26,000 (house appraised for about $110K) I am trying to assume.  The only other debt is  a credit card with $750, which I also plan to paying off. Other than that, there are no other debts. The inventory of personal belongings is also completed, but the lawyer seems to be dragging his feet. He has not even put the legal classified ads in the newspaper yet. And he was  pressuring me to sell my mother's home, regardless of loss, to "pay off debts".  What debts beside the mortgage,  which I will assume?


Questions:


1)What is stopping me from having the estate probated?


2)How can I force the attorney to move faster?


3)Can I fire the attorney, and how would I properly go about it? I'm worried he's looking for the chance to tack on fees. 


 


P.S.: I signed an agreement to have him as a representative about 3 weeks ago.

Submitted: 1 year ago.
Category: Estate Law
Expert:  N Cal Attorney replied 1 year ago.
I'm sorry to hear this

You can change attorneys by having the old attorney and the new attorney sign and file a form like this one:
http://www.buckscounty.org/government/rowofficers/Prothonotary/forms/SubstitutionOfCounselWithoutLeaveOfCourt_Rule1012_.pdf

I do not know why it would take a lawyer over 3 weeks to publish the first required notice. Lawyers usually send the notice to the newspaper within a day or two of filing the probate case.

You do have the right to assume the mortgage under the Garn St. Germain Act, see
http://www.reiclub.com/articles/no-due-on-sale-jail The due on sale clause in the mortgage is not triggered by "a transfer to a relative resulting from the death of a borrower".

You can get a free consultation from some of the probate lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Probate-&-Estate-Administration/Pennsylvania

If you do not trust your current attorney there is no reason not to find one you do trust.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 8089
Experience: Since 1983
N Cal Attorney and 2 other Estate Law Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.

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