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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36622
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother died November 25, 2016 in Pittsburgh, PA. She

Customer Question

Hi my mother died November 25, 2016 in Pittsburgh, PA. She signed a POA over to my brother before her death but we are now told that upon death it expired. My mother was abandoned by my father 5 years ago, however they are still married. My father is willing to sign whatever paperwork to give my brother the rights to her estate. But we don't know what forms those would be. Also My mother lived in PA and my father lives in Arizona.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: The Power of Attorney was signed and notorized the day of her death. In Pennsylvania. No paperwork is filed we don't know where to start
JA: Has anything been filed or reported?
Customer: like what needs to be filed or reported?
JA: Anything else you want the lawyer to know before I connect you?
Customer: My mother has a small estate. No property, a truck and a small bank account is it
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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My father is willing to sign whatever paperwork to give my brother the rights to her estate. But we don't know what forms those would be. Also My mother lived in PA and my father lives in Arizona.

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Father would just need to send the executor of mother's estate a notarized statement saying that he now and forever waives any right to mother's estate and is doing so of his own free will. This is covered under PA Code Title 20, Chap. 62, §6201.

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That would serve to "disclaim" any interest in the estate that he may have and then the estate would pass down to her heirs at law if she had no will in place. Those heirs would be her children or their heirs if any child was deceased.

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thanks

Barrister

Customer: replied 5 months ago.
Just a written, notarized letter will work?
Expert:  Barrister replied 5 months ago.

Correct, that is all that is necessary.. This is what the statute says:.

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A person to whom an interest in property would have devolved by whatever means, including a beneficiary under a will, an appointee under the exercise of a power of appointment, a person entitled to take by intestacy, a joint tenant with right of survivorship, a donee of an inter vivos transfer, a donee under a third-party beneficiary contract (including beneficiaries of life insurance and annuity policies and pension, profit-sharing and other employee benefit plans), and a person entitled to a disclaimed interest, may disclaim it in whole or in part by a written disclaimer which shall:

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(1) describe the interest disclaimed;

(2) declare the disclaimer and extent thereof; and

(3) be signed by the disclaimant.

The right to disclaim shall exist notwithstanding any limitation on the interest in the nature of a spendthrift provision or similar restriction.

Title 20, Chap. 62, §6201.

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thanks

Barrister