Legal Question in Wills and Trusts in Pennsylvania

My mother is on her death bed and in her will she wants my brother and me to split the 30,000.00 she has in the bank when she passes. My question is do we get that money right away or does it have to sit in there??


Asked on 8/12/10, 9:22 am

2 Answers from Attorneys

Dustin Cole Cole Law, LLC

Hello:

When your mother passes, her will must be probated. This is a process that takes some time, and goes through the Orphans' Court Division of the county courthouse of the particular county. The best advice would be to contact an attorney who practices in the area of estate administration.

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Answered on 8/17/10, 1:16 pm

Does your mother state this in her will? Is the money in the bank account just in your mother's name? Or is this a joint account. If a joint account, the money will pass to the other joint account holder. If just in her name, then it will pass to the personal representative of her estate. But the bank will not release the money until the personal representative is officially appointed by the court. The personal representative must then open an estate account. Depending on the other assets and claims ,the personal representative must pay any just debts and then distribute what is left to the beneficiaries.

I suggest that whenever your mother passes that whoever is named as the personal representative in the will go a probate attorney in the county/state where your mother lived at the time of her death. The attorney can guide the personal representative through the probete process.

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Answered on 8/17/10, 8:04 pm


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