How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RayAnswers Your Own Question

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29255
Experience:  Texas lawyer for 29 years in Estate law
Type Your Estate Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

Person died in 1970. A purported will was typed up by the probate

Resolved Question:

Person died in 1970. A purported will was typed up by the probate court and approved by witnesses in Ohio. I have a copy of "the will" There is nothing signed just a typed summary as if there was a written signed will-court documents. In the will two heirs his wife and his son. His wife who applied to the court and had probated will approved in 1970 but that is all there is-legal papers no actual will. There are assets coming to the surface owned by decedent worth a lot of money. He had only $4500 assest declared at death. The asset is mineral rights is in PA. He died in Ohio. No probate was ever filed in PA because the asset was unknown. What do we do since it appears the surviving spouses heirs would get the asset when we know that that was not the intent nor can the probate court to date produced this supposed hand written will. There is even a question of whether they were even married at the time this "purported will" was written.
Submitted: 8 months ago.
Category: Estate Law
Expert:  RayAnswers replied 8 months ago.

Hi and welcome to JA. I am Ray and will be the expert assisting you today.

In this situation you would make application for ancillary probate as if there were no will in PA.Any other parties would then have to try and seek to admit the will.Based on what you present it is highly unlikely the will would be valid here in PA.This would be a totally different Ancillary Probate and PA laws apply.

In that situation the minerals pass under the PA laws of intestacy to the legal heirs and the court appoints a personal representative.The The PR as part of ancillary probate then deeds the minerals to the legal heirs and in the shares the probate court finds appropriate under the laws of intestacy.


Reference to Ancillary Probate..

http://www.lmlawllc.com/ancillary-probate/

PA laws of intestacy.

If you die with:here’s what happens:
  • children but no spouse
  • children inherit everything
  • spouse but no descendants or parents
  • spouse inherits everything
  • spouse and descendants from you and that spouse
  • spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance
  • your descendants inherit everything else
  • spouse and descendants from you and someone other than that spouse
  • spouse inherits 1/2 of your intestate property
  • descendants inherit everything else
  • spouse and parents
  • spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance
  • parents inherit remaining intestate property
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything



You would make your application for Ancillary Probate where the minerals are located.You are going to need a local probate lawyer you can locate on here.


http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=PA

The will would likely not be valid under PA law here are those requirements.


http://livingtrustnetwork.com/estate-planning-center/last-will-and-testament/requirements-for-a-will/pennsylvania.html

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

Customer: replied 8 months ago.

Can you call me. Are you familar with PA law


XXXXX XXXXX


(NNN) NNN-NNNN/p>
Expert:  RayAnswers replied 8 months ago.

I am familiar with PA law.We can only communicate here through the site.Let me know if you have more follow up.Be happy to respond.

 

In Pennsylvania you must be at least 18 years of age and of sound mind to make a will. Your will must be in writing and signed at the end by the testator. If the testator is unable to sign his or her will, someone else may sign the will for the testator so long as this is done in the testator’s presence and at his or her direction.

In Pennsylvania it is not necessary for the signing of your will to be witnessed by anyone; however it is customary to have at least two people witness the signing of your will.

Pennsylvania does accept self-proved wills. Such a will includes a separate page which is notarized and signed by the testator and witnesses. The purpose is to ensure that upon the death of the testator, the will be accepted as signed and the witnesses to the will will not need to be found.

Customer: replied 8 months ago.

So a will in ohio years ago without real substance or proof is not valid for transfer of mineral rights in PA when they were unknown at the time-lets say there was a will in Ohio but no mention in the will. Not probated in Pa. Your comments still apply

Expert:  RayAnswers replied 8 months ago.

Each state has there own laws and each state has their own probate proceeding.Here if the minerals are in PA the Ohio court does not have jurisdiction over PA minerals and a second ancillary probate would be required.If you filed for court supervised probate the court if the will is then presented by other relatives would review it to see it it is valid under AP law.

It is possible for a will to be valid in Ohio and yet not for AP here if the will does not mean that states requirements that I gave you above.This situation is very strange not sure how Ohio came to admit it but that does not bind PA since the asset in located in PA.Anytime a will is not valid then the laws of intestacy( no will) then come into play.

 

You may yet receive a share under laws of intestacy in PA if you are an heir at law.

Customer: replied 8 months ago.

He died in Ohio 1970. Will is in question even though approved by probate court as if testate leaving to his second wife.. Unknown Mineral rights in PA-(family) surfaced several years ago 2010.He had one son. Sanford. No probate filed in Pa. No mention of any real property in 1970 will. This filing in PA should clear this up if no one objects. Just making sure I understand

Expert:  RayAnswers replied 8 months ago.
Yes here an Ancillary Probate has to be filed in PA.The court decides if the will is valid or not under PA law in the county where the minerals are located.It is very possible that the will here is not valid and that laws of intestacy are then applied by the court.Court would then order the personal representative to deed the minerals to the legal heirs and once that is done any oil payments go straight those persons as would any lease payments, etc.

Anytime there is an asset in another state Ancillary probate has to be filed and heard.

Thanks for the chance to help and good luck here.If you can leave a positive rating it is alwasy much appreciated.
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29255
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 5 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.