Legal Question in Wills and Trusts in Pennsylvania

As one of the payments to settle estate,son living in the home when parent dies is to be paid $3500.00. after taxes are paid, there may not be enough money to pay some personal debts, executors fees and attorney fee. he was neither power of attorney or executor. my father took care of him for 15 years and he can continue to live in the home. why does he get this payment?


Asked on 10/26/13, 9:09 am

1 Answer from Attorneys

This "payment" sounds like a family allowance as set forth in the statute below:

20 Pa.C.S.A. � 3121 Family Exemption When allowable

The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then such children as are members of the same household as the decedent, and in the event there are no such children, then the parent or parents of the decedent who are members of the same household as the decedent, may retain or claim as an exemption either real or personal property, or both, not theretofore sold by the personal representative, to the value of $3,500: Provided, That property specifically devised or bequeathed by the decedent, or otherwise specifically disposed of by him, may not be so retained or claimed if other assets are available for the exemption. The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture of the right to exemption.

Family exemptions must be paid as an administrative expense before any claims of creditors. Family exemptions are of the same priority as executor's fees and attorney fees so I do not understand why there is not enough to pay those. Also, why is there no money in the estate to pay debts when there is a home that could be sold?

Why does it matter if the son had power of attorney? Powers of attorney end at death.

You seem to be confused as to the proper administration of the estate. I suggest that if you are the executor, that you at least go and consult with a probate attorney who practices in the county/state where the estate is or will be probated.

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Answered on 10/29/13, 11:08 pm


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