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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42156
Experience:  Texas lawyer for 30 years in Estate law
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Can two names be put on a small estate affidavit form mother

Customer Question

can two names be put on a small estate affidavit form for my mother 's estate (myself and my sister) or just one.......and in doing this does it make the designated also responsible for any debts that may be associated with the estate whether presently
or in the future? There is a $10,000 insurance proceed as well as the house currently but the house still has a mortgage. Do we have to specifically list every asset on this form in detail and in doing this does it automatically represent the house transferred
to us or just establishes that we can act to represent the dealings with the house? does it establish any automatic inheritance with it? and/or automatic power of attorney?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

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

You cannot file a small estate affidavit for these assets.You will need to make regular application for probate of a will or if no will then court supervised.

Here there is real estate and a secured creditor, these require regular probate and appointment of a personal representative.The PR once qualified then would pay claims, taxes, and either sell property or deed it to the heirs.Given these assets here regular probate is required in PA.

Expert:  RayAnswers replied 1 year ago.

Step by step..

Expect this to take about a year from start to finish here.No way around regular probate with a house here and note.Thanks again.

Expert:  RayAnswers replied 1 year ago.

Your application here can be made by one person if you choose seeking to be named personal representative.But it has to be regular probate.

If you can leave a positive rating when we are done it is always much appreciated.

Customer: replied 1 year ago.
ok,so,,,,,,,,,then we would just be using the small estate affidavit for just the insurance proceed of $10,000. let me explain further as I just received then incorrect information from another attorney on here. Initially the problem was my mother passed away a week ago and due to the problem on the insurance policy with my father being named as the beneficiary and him being deceased the insurance company claims they never received the change of beneficiary form that I submitted naming my sister and myself and there wasn't enough time to try to find the change form with her pending funeral/and the expenses needing to be paid in full the the funeral home. I have been out of work 2 1/2 years being let go from 15 years with a company after going thru caring for my father during his illness and death. Subsequently my sister had to take out a loan and quite frankly we really didn't even know if we could even get that and this was a panic situation with learning my mother didn't even have a will or have even had apointed anywhere either of us power of attorney for if we had had that the insurance company would have done what would havebeen the same protocol releasing the check in dual signatory names ours/the funeral home whereby the funeral home would have taken out their expenses paid in full and released to us check for the difference. As it stands my sister now has this loan and we were advised to just file the small estate affidavit by the insurance company for them to just have designate stated for the estate to release the proceeds. It wasn't until on here when I asked the question associated that in doing this would this also make us responsible in any way further for any financial things associated either presently or futuristically associated with the estate or is this just for the present purposes of the "estate" just figuratively saying "estate" as the terms referencing this check being the estate or will it impede or have any bearing with anything else? Or e.g. the house or anything else are they all treated individually or as you stated as different things e.g. at that time as probate??? when that time comes?
Expert:  RayAnswers replied 1 year ago.

You would have to list the house and the statute specifically says it does not include real estate.Once you are appointed personal representative here and issued letters testamentary then you can deed it to the legal heirs.

Fiduciary deed here you would do as part of probate ..

Here the small estate would work if there was not real estate and debts here as well. I am so sorry you got bad information here.I wish you the best and appreciate the chance to help you.