Trust Will for Estate/Finance and Probate Law in PA

[TU TP]

Jurisdiction

Pennsylvania

My Grandpa is end of life cancer. He and my maternal Grandma has 8 living kids. My Grandma past away decades ago and he remarried to step-grandma who has kids of her own, of which do not participate in Grandpa's life.

Grandpa wrote a will to divide assets of the house: 50% to step-Grandma and 50% to the remaining 8 living kids and grandkids.
The house title is in his name and step-Grandma.
Apparently, step-grandma told Grandpa to have lawyer write this will.

My questions are:
1) Upon Grandpa passing away, who will execute the will? If the will is in the house stored & notarized, who will help execute this - do we need to hire a lawyer or we trust that step-Grandma will do this?
2) If step-Grandma name is on the title, upon sale of the house, can she under law do whatever with the money? Or she is binded to Grandpa's wishes on the will to divide the funds accordingly to 8 siblings and grandkids?
3) Do we need lawyer to ensure this trust will is executed per Grandpa's wishes?
4) Is there any probate that step-Grandma have to worry about?

Thank you for your kind expert.

 

[Zigner]

My Grandpa is end of life cancer. He and my maternal Grandma has 8 living kids. My Grandma past away decades ago and he remarried to step-grandma who has kids of her own, of which do not participate in Grandpa's life.

Grandpa wrote a will to divide assets of the house: 50% to step-Grandma and 50% to the remaining 8 living kids and grandkids.
The house title is in his name and step-Grandma.
Apparently, step-grandma told Grandpa to have lawyer write this will.

My questions are:
1) Upon Grandpa passing away, who will execute the will? If the will is in the house stored & notarized, who will help execute this - do we need to hire a lawyer or we trust that step-Grandma will do this?
2) If step-Grandma name is on the title, upon sale of the house, can she under law do whatever with the money? Or she is binded to Grandpa's wishes on the will to divide the funds accordingly to 8 siblings and grandkids?
3) Do we need lawyer to ensure this trust will is executed per Grandpa's wishes?
4) Is there any probate that step-Grandma have to worry about?

Thank you for your kind expert.

1) The will nominates a personal representative (executor) and that nomination is generally followed by the court during the probate process.
2) It depends on exactly how title is held. It is possible that the house becomes her sole property once grandpa passes, at which time she is free to do with it as she pleases.
3) Not necessarily.
4) Probably.

EDIT: In #3, you used the word "trust". If you are saying that there is a trust in place, then that also may change things. Why don't you wait for grandpa to pass away before starting the fight over his stuff?

 

[TU TP]

1) The will nominates a personal representative (executor) and that nomination is generally followed by the court during the probate process.
2) It depends on exactly how title is held. It is possible that the house becomes her sole property once grandpa passes, at which time she is free to do with it as she pleases.
3) Not necessarily.
4) Probably.

EDIT: In #3, you used the word "trust". If you are saying that there is a trust in place, then that also may change things. Why don't you wait for grandpa to pass away before starting the fight over his stuff?

Family does not want to "fight..."
I am only granddaughter who have been involved with his care, help with insurance, assistance in bills, etc...

I came across probate law and in order to help step-grandma get her ducks in a row, brought up the information.
Upon this, it was discovered step-grandma already ask Grandpa to pay for lawyer to get the a "will" done and delegate funds to her own children. Unsure if it is trust or will as it is in a diff language for translation.

However, no living will was completed, which is more important in regards to his wishes for end of life care. This just rings a red flag to us.

We want to make sure - once the house is sold, the $ is divided as what Grandpa wishes vs. what step-grandma will do as she she pleases.

Since she is on the title, then it will just be in her hands then?

I guess there is a difference between trust and will.
Thank you.

 

[Zigner]

Unsure if it is trust or will as it is in a diff language for translation.

What state do step-grandma and grandpa live in?

However, no living will was completed, which is more important in regards to his wishes for end of life care. This just rings a red flag to us.

A will and a living-will are different documents with entirely different functions. They are often completed at the same time, but that is by no means a rule. There is no reason for this to be a red flag.

We want to make sure - once the house is sold, the $ is divided as what Grandpa wishes vs. what step-grandma will do as she she pleases.

If the house is titled with each of them as owners with "right of survivorship", then step-grandma will own the house entirely upon his passing. At that point, she will be free to do whatever she wants with her house. The wishes of grandpa are indicated by how the house is titled.

Since she is on the title, then it will just be in her hands then?

See above. It all depends on HOW title is held.

I guess there is a difference between trust and will.

Yes, definitely.

Thank you.

You're welcome.

 

[TU TP]

Thanks Zigner.

They live in Pennsylvania. House is titled to Grandpa and step-grandma.

I appreciate your time in answering my questions.

 

[army judge]

My Grandpa is end of life cancer. He and my maternal Grandma has 8 living kids. My Grandma past away decades ago and he remarried to step-grandma who has kids of her own, of which do not participate in Grandpa's life.

My father had a good friend who was told he had a year or less to live.

The man and his wife sold everything, bought an RV, and planned to travel the USA for his remaining days.

The year became two years.

Eventually dad's friend and his wife returned to our small town.

The man's son had been operating his general store.

Eventually the man assumed operation of the store.

He and his wife operated the store for 10 years.

Sometime during the 10th year, dad's friend was struck by a freight train, killing him instantly.

Medical prognostications aside, life and fate operate independently.

The only way one human can predict how long another human has to live, is if the prognosticator intends to take the other party's life.

Your grandfather might live much longer than the medical prognosis reveals.

 

[Zigner]

House is titled to Grandpa and step-grandma.

I suspect that you don't know the true nature of how the title is held. There are multiple ways that they can both be on the title of the house, and each has its own implications.

 

[Zigner]

This is not a recommendation or endorsement, rather, I'm sharing it as a way for you to better understand what I mean when I say "there are multiple ways that they can both be on the title..."

Types of Tenancy | Different Types of Tenancy | Alt Title PA

It's very likely that the house is titled to both of them with right of survivorship. That means that, when he dies, it will be her house to do with as she pleases. The will has no bearing on that. In other words, if she wishes to sell her home and divvy it up amongst you, she is free to do so. She is also, however, free to keep the house entirely to herself and give his offspring nothing.

You speak of grandpas wishes. Those wishes are laid out by the nature of the title to the house (insofar as the house is concerned).

 

[TU TP]

This is not a recommendation or endorsement, rather, I'm sharing it as a way for you to better understand what I mean when I say "there are multiple ways that they can both be on the title..."

Types of Tenancy | Different Types of Tenancy | Alt Title PA

It's very likely that the house is titled to both of them with right of survivorship. That means that, when he dies, it will be her house to do with as she pleases. The will has no bearing on that. In other words, if she wishes to sell her home and divvy it up amongst you, she is free to do so. She is also, however, free to keep the house entirely to herself and give his offspring nothing.

You speak of grandpas wishes. Those wishes are laid out by the nature of the title to the house (insofar as the house is concerned).

Yes, I understand your response.

Even if title/deed of house is under Grandpa + Step Grandmom name.
Will says to divide profit amongst step grandma and 8 siblings/grandkids.

Under legal terms, step-grandma is on the title/deed and can sell the house and take 100% of everything since it is under her name and no other survivors.
It is up to her own decision to divide per the notarized will of Grandpa's wishes upon her conscience.

 

[Zigner]

Yes, I understand your response.

Even if title/deed of house is under Grandpa + Step Grandmom name.
Will says to divide profit amongst step grandma and 8 siblings/grandkids.

The will is irrelevant because the house is no longer part of his estate. Once he dies (down to the absolute millisecond), the house goes to her entirely.

Under legal terms, step-grandma is on the title/deed and can sell the house and take 100% of everything since it is under her name and no other survivors.
It is up to her own decision to divide per the notarized will of Grandpa's wishes upon her conscience.

Since the house is not a part of the estate, the will cannot dictate what happens to it. Thus, your step-grandma can do whatever she wants with HER house.


AGAIN, this may be entirely wrong if the title to the house is not help with "right of survivorship" (not likely) or if a trust is involved (possible).

 

[TU TP]

My father had a good friend who was told he had a year or less to live.

The man and his wife sold everything, bought an RV, and planned to travel the USA for his remaining days.

The year became two years.

Eventually dad's friend and his wife returned to our small town.

The man's son had been operating his general store.

Eventually the man assumed operation of the store.

He and his wife operated the store for 10 years.

Sometime during the 10th year, dad's friend was struck by a freight train, killing him instantly.

Medical prognostications aside, life and fate operate independently.

The only way one human can predict how long another human has to live, is if the prognosticator intends to take the other party's life.

Your grandfather might live much longer than the medical prognosis reveals.

Thanks for the motivational story...

Unfortunately, he is over 90 years old and is on hospice and not too mobile...Doctor did say few months, but here is he is 1 year later which is good. Family is visiting as much as possible and hope this holiday season will be memorable, given COVID is calming down for visits.

 

[Zigner]

I'm curious...

How long ago did grandpa and step-grandma get married?
How long have they live in the house together?

 

[adjusterjack]

Even if title/deed of house is under Grandpa + Step Grandmom name.

Stop with the ifs and get yourself a copy of the deed from the county records. Then quote us the ownership word for word.

Is there anything else owned jointly by Grandpa and Step-Grandma?

Again, no ifs, no guesses.

LOOK at bank and investment accounts. LOOK at car titles.

It could be that everything they own, where ownership is on record, is owned jointly with right of survivorship. That means that Step-Grandma could get everything and everybody else gets nothing, despite what the will says. It's very common for married people to own things jointly where the surviving spouse gets everything.

 

[zddoodah]

1) Upon Grandpa passing away, who will execute the will? If the will is in the house stored & notarized, who will help execute this - do we need to hire a lawyer or we trust that step-Grandma will do this?

The executor will be determined by the court based on whoever applies to serve as executor. Ordinarily, a will nominates an executor, and that person will apply and be appointed by the court.

do we need to hire a lawyer or we trust that step-Grandma will do this?

I'm not sure who "we" are, and we obviously have no idea about whether you do or don't trust your step-grandmother. However, assuming your mother is one of your grandfather's living children, this has nothing to do with you (since you did not indicate that your grandfather's will left anything for you).

2) If step-Grandma name is on the title, upon sale of the house, can she under law do whatever with the money? Or she is binded to Grandpa's wishes on the will to divide the funds accordingly to 8 siblings and grandkids?

First, your grandfather's wishes, to the extent they are NOT expressed in the will, are legally irrelevant. Second, you told us that the home is jointly owned by your grandfather and step-grandmother, but you didn't tell us how they jointly own title. If, as is highly likely, they hold title as joint tenants or tenants by the entirety, then you step-grandmother will own 100% of the home upon your grandfather's death, and there would be no need for her to sell it.

3) Do we need lawyer to ensure this trust will is executed per Grandpa's wishes?

What trust? This is the first reference to a trust. Is there a trust in addition to the will you mentioned?

4) Is there any probate that step-Grandma have to worry about?

Depends on the value and composition of your grandfather's estate.

step-grandma already ask Grandpa to pay for lawyer to get the a "will" done and delegate funds to her own children. Unsure if it is trust or will as it is in a diff language for translation.

This is confusing because, in your original post, you stated, unequivocally, that your "Grandpa wrote a will to divide assets of the house: 50% to step-Grandma and 50% to the remaining 8 living kids and grandkids." Now you seem to be unsure. If you're not sure about the relevant facts, there's very little that we can tell you with certainty. Have you actually seen this document, or are you just relaying things you've been told?

We want to make sure - once the house is sold, the $ is divided as what Grandpa wishes vs. what step-grandma will do as she she pleases.

Since she is on the title, then it will just be in her hands then?

See my comment above.

Even if title/deed of house is under Grandpa + Step Grandmom name.
Will says to divide profit amongst step grandma and 8 siblings/grandkids.

If title is held in a joint tenancy or as tenants by the entirety, then the full title will pass to your step-grandmother upon your grandfather's death. The home will not be part of his estate, and the terms of his will won't matter.

 

[TU TP]

The executor will be determined by the court based on whoever applies to serve as executor. Ordinarily, a will nominates an executor, and that person will apply and be appointed by the court.




I'm not sure who "we" are, and we obviously have no idea about whether you do or don't trust your step-grandmother. However, assuming your mother is one of your grandfather's living children, this has nothing to do with you (since you did not indicate that your grandfather's will left anything for you).




First, your grandfather's wishes, to the extent they are NOT expressed in the will, are legally irrelevant. Second, you told us that the home is jointly owned by your grandfather and step-grandmother, but you didn't tell us how they jointly own title. If, as is highly likely, they hold title as joint tenants or tenants by the entirety, then you step-grandmother will own 100% of the home upon your grandfather's death, and there would be no need for her to sell it.




What trust? This is the first reference to a trust. Is there a trust in addition to the will you mentioned?




Depends on the value and composition of your grandfather's estate.




This is confusing because, in your original post, you stated, unequivocally, that your "Grandpa wrote a will to divide assets of the house: 50% to step-Grandma and 50% to the remaining 8 living kids and grandkids." Now you seem to be unsure. If you're not sure about the relevant facts, there's very little that we can tell you with certainty. Have you actually seen this document, or are you just relaying things you've been told?




See my comment above.




If title is held in a joint tenancy or as tenants by the entirety, then the full title will pass to your step-grandmother upon your grandfather's death. The home will not be part of his estate, and the terms of his will won't matter.

Thank you for your responses.

I am the granddaughter of Grandpa - My Mother is the daughter of Grandpa.
Yes, she has seen a copy of the will. I do not get anything which is fine. He has many people with higher priority than me. My Mother and I have been helping Grandpa out and just thinking ahead regarding legal issues.

We only want to figure out if the will can be carried out as Grandpa's wishes mostly for sake of her siblings who need the finances - not our family.

I do not need to clarify further relationship and family drama as I got the answer I was looking for.

Thank you everyone.