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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2564
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I live in Phila, PA. My mother just passed away Oct.27, her

Customer Question

I live in Phila, PA. My mother just passed away Oct.27, her funeral was last week Nov. 4. I have been handling my parents business affairs for probably 20years and my father only passed away 3years prior to my mom. After he passed I could have sworn we did a change of beneficiary on her life insurance policy to change it from my father to add my sister and I. I could have sworn I mailed it, but when my mom took ill I guess I never anticipated it would get lost or not processed/fall thru the cracks. So the insurance company stated due to it having my father listed as beneficiary they would not release the check to the funeral director to pay for the funeral to proceed with my mom's burial services including preparation,all the costs, the mass, the cemetary. They said they could only issue an estate check which the funeral home doesn't deal in estate checks. I didn't know what to do....here we were I was unemployed the last 2 1/2 years losing my job of 15 yrs due in part to taking care of both sick parents with no income or credit and my sister a single parent. with fair credit trying to somehow get a loan in 2days enough to cover this otherwise we couldn't bury her. We were told about the small estate affidavit form which is my question here on the board. My sister was able to get a loan enough to bury my mom so now we have to find out about the small estate affidavit form to release the insurance proceeds. The policy is a $10,000.00 with United Mutual of Omaha. Now I am correct in understanding that what this form does is basically name who is basically handling the "estate" just with regard to the "estate" referring to the proceeds of this insurance check for $10,000.00, or once named on this affivadit does this apply to any and all other future assets not named additionally on that affidavit as well as also being construed equally as synanymous as power of attorney for anything else??? Is there any way of processing this affidavit without it costing a huge fee?
Additionally, My mother's house also still has a mortgage on it. What is involved in having the house transferred into one or both of our names and the cost?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.

The estate affidavit form is for you to file it to get authorization to handle your Mother's estate. Since your Father's name was still listed as a beneficiary and he died prior to your Mother, the money would go to your Mother's estate. By filing the small affidavit form, you or your sibling can become the personal representative of your Mother's estate and then obtain the proceeds of the insurance policy to pay funeral expenses. This would also allow you to transfer the house to your names and attempt to refinance or continue to pay the mortgage.

Customer: replied 1 year ago.
The funeral is already paid for as my sister ended up taking out a small loan to cover it and now looking to be reimbursed. I'm going to make this as tactful as possible. I'm heartsick over this. I was the one that only lived 3 min. from my parents my entire life and at their beck and call. Anything they needed my husband did for them even when things at times broke in their house at times even when they didn't have it my husband and I somehow managed to get it done. I didn't let them know I didn't want them to feel bad. My sister and her husband had moved away 30 years ago and really weren't very present and even the when my dad was ill I was taking time from work, etc. running my back and forth to see him, making sure she was ok , managing her stuff, food shopping for her, supplementing her bills, etc. you get the idea......what's happening now is I think prior my sister when she was with my brother in law suddenly wanted to protect what she felt was her "claim" in things which I really thought was hilarious considering she really wasn't doing a whole hell of a lot for them and the sad part with my mom was when my mom's memory/mental decline started with my sister's guilt kicking in and rather than kind of feel remorse she took position of self righteous and kind of began in my mom's ear making it out like I was being in control to keep her out like in some way to take something away which and I watched it and my heart sunk but continue to do for my mom remembering all the times when she was in her right capacity all the times when she and my dad would both say my sister never comes around hearing my mother say "I bet if we both kicked the bucket your sister wouldn't even give a sh.........and not even learn about it for a couple of months later til she finally got around to calling"...............this is kind of what I'm up against and even prior to my sister and brother in law seperating listening to both at intervals try to dig to see how much value was in the house and whether there was a will and finding out if and who was beneficiary. Then it was upon the seperation how she was going to move in with her and how it was going to be so great like in some way this is what was needed, the answer to everything that my mother not be alone like she was going to be the new caretaker in a sense and establish her claim now seeing she was there in her role going helping to manage her stuff (wanting to know about her bills/finances) making it out like this was self sacrificing for her but the reality was it was giving her a place to stay as she was seperated and not living in her home which I know her name is ***** ***** the deed to her house. Now a week after my mother is in the ground I'm now hearing crap from her like "she doesn't want to incur any hidden debt of my mother's" either from /thru my mother and/or from my mother via thru from what was my father's from when he was sick. That factor with my dad is still a mystery as I know at one point a Medicaid app was done but not sure if it was toward the end before he died and may have been due to him running out of time so it may have just been put in place getting close. No doubt there were outstanding medical bills not paid, but I also know that a lot of times hospitals do in cases like my fathers have slush funds where they eventually write off and absorb some of these knowing that they have inflated a lot of these costs anyway and part of this were also out of state charges from NYU. But in part the turn around of my sister's once "Florence Nightingale short term seeming smokescreen effort of helping my mother now in just a week after her burial now she stating she doesn't want to incur any hidden debt and doesn't want to do that to her "husband" either?...and asking me what I plan on doing with the house? That's when I said to her "but you are living here"...........From what I know it was told to me that two can be listed on the affidavit is that correct? Because from you are stating and from what I saw also on the form yes it does look like that is the appointing of someone to handle the affairs of the estate, but with a small estate form what is the value in PA that the cap goes up to for what is considered the value of small estate? is it $150,000 and if you take into consideration the house with this insurance proceed do they go by the current appraised value? and am I correct in assuming per what you stated that it would also designate that we can also in being named handle affairs related to the house is that the same as being recognized as officially inheriting the house and avoiding sales tax? The reason I ask this is because in also doing the small estate affidavit and putting one and/or both our names name us to handle the affairs of the estate does that make us financially responsible for any debts of the estate as well? And do I have to go down the list now of every single thing listing it on this form for clarity to subm
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I think I just hit the wrong button.......for the option to you to see this and reply as well as possibly also a phone call if needed, but I don' t know if I provided the right phone number beginning
Customer: replied 1 year ago.
The funeral is already paid for as my sister ended up taking out a small loan to cover it and now looking to be reimbursed. I'm going to make this as tactful as possible. I'm heartsick over this. I was the one that only lived 3 min. from my parents my entire life and at their beck and call. Anything they needed my husband did for them even when things at times broke in their house at times even when they didn't have it my husband and I somehow managed to get it done. I didn't let them know I didn't want them to feel bad. My sister and her husband had moved away 30 years ago and really weren't very present and even the when my dad was ill I was taking time from work, etc. running my back and forth to see him, making sure she was ok , managing her stuff, food shopping for her, supplementing her bills, etc. you get the idea......what's happening now is I think prior my sister when she was with my brother in law suddenly wanted to protect what she felt was her "claim" in things which I really thought was hilarious considering she really wasn't doing a whole hell of a lot for them and the sad part with my mom was when my mom's memory/mental decline started with my sister's guilt kicking in and rather than kind of feel remorse she took position of self righteous and kind of began in my mom's ear making it out like I was being in control to keep her out like in some way to take something away which and I watched it and my heart sunk but continue to do for my mom remembering all the times when she was in her right capacity all the times when she and my dad would both say my sister never comes around hearing my mother say "I bet if we both kicked the bucket your sister wouldn't even give a sh.........and not even learn about it for a couple of months later til she finally got around to calling"...............this is kind of what I'm up against and even prior to my sister and brother in law seperating listening to both at intervals try to dig to see how much value was in the house and whether there was a will and finding out if and who was beneficiary. Then it was upon the seperation how she was going to move in with her and how it was going to be so great like in some way this is what was needed, the answer to everything that my mother not be alone like she was going to be the new caretaker in a sense and establish her claim now seeing she was there in her role going helping to manage her stuff (wanting to know about her bills/finances) making it out like this was self sacrificing for her but the reality was it was giving her a place to stay as she was seperated and not living in her home which I know her name is ***** ***** the deed to her house. Now a week after my mother is in the ground I'm now hearing crap from her like "she doesn't want to incur any hidden debt of my mother's" either from /thru my mother and/or from my mother via thru from what was my father's from when he was sick. That factor with my dad is still a mystery as I know at one point a Medicaid app was done but not sure if it was toward the end before he died and may have been due to him running out of time so it may have just been put in place getting close. No doubt there were outstanding medical bills not paid, but I also know that a lot of times hospitals do in cases like my fathers have slush funds where they eventually write off and absorb some of these knowing that they have inflated a lot of these costs anyway and part of this were also out of state charges from NYU. But in part the turn around of my sister's once "Florence Nightingale short term seeming smokescreen effort of helping my mother now in just a week after her burial now she stating she doesn't want to incur any hidden debt and doesn't want to do that to her "husband" either?...and asking me what I plan on doing with the house? That's when I said to her "but you are living here"...........From what I know it was told to me that two can be listed on the affidavit is that correct? Because from you are stating and from what I saw also on the form yes it does look like that is the appointing of someone to handle the affairs of the estate, but with a small estate form what is the value in PA that the cap goes up to for what is considered the value of small estate? is it $150,000 and if you take into consideration the house with this insurance proceed do they go by the current appraised value? and am I correct in assuming per what you stated that it would also designate that we can also in being named handle affairs related to the house is that the same as being recognized as officially inheriting the house and avoiding sales tax? The reason I ask this is because in also doing the small estate affidavit and putting one and/or both our names name us to handle the affairs of the estate does that make us financially responsible for any debts of the estate as well? And do I have to go down the list now of every single thing listing it on this form for clarity to subm
Expert:  Damien Bosco replied 1 year ago.

I sent you an offer for a live phone conversation. When you accept, we can set up a time to chat.

Customer: replied 1 year ago.
I signed up first off i think it is a free week trial offer but with after it being charged 47 a month of unlimited answers....so I'm a bit confused here........and even that ......I'm out of work two years with no unemployment I have no income.........that paypal payment is hooked to my mom's account....which again she is now deceased which is going to close.......I don't have it or I'd say yes in a heartbeat this is horrible......I worked 15 years...was a paid professional....i put it all on the line for both my parents got screwed over by my job...and out of work with no money and now this is happening......and the sad part is I'd do it all over again in a heartbeat caring for them again and not asking nothing in return .....it wouldn't matter .......and here is my sister worrying about how this is going to impact her financially and what this is going to either cost her /or underlying what she stands to gain from this ..............and as you can see I'm the one as usual left to sort it all out................with nothing...........................and I don't know what else to do
Customer: replied 1 year ago.
Thank you anyway maybe I'll go to the library and try to read myself and try to figure it out by myself maybe looking at state law books and statutes
Expert:  Damien Bosco replied 1 year ago.

Okay. Thank you.