Legal Question in Wills and Trusts in Pennsylvania

My legal husband of 2 years passed recently and did leave a will. I was not included. He had a reverse mortgage in SC and unpaid bills. I assumed the car loan with the bank and took possession of his vehicle and I make the loan payments. His executrix (daughter) has not probated his will. He lived in and died in SC. Can I keep making the payments on his car? Do I have to give her the car if she does not probate and ask that the car be given to her?

Thank you


Asked on 11/21/10, 8:54 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

His estate would be governed under SC law. In PA and NJ, it is possible for a legal heir to require the filing of a will. Find out if SC will allow petitioning or filing a document requiring that the will be filed and notice be given to you. Counties usually have a court or other office that handles estate matters. You may need a SC attorney to prepare and handle the filings for you.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 11/26/10, 9:10 am


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