How can I receive my deceased daughter's retirement savings without setting up an estate?
Full Question:
Answer:
You may have no choice other than to open an estate with the probate court. This may be necessary in order to have ownership title to property changed to your name, etc. We do not know the details of the real and personal property involved, and going into that level of detail is beyond the scope of this service. However, a shortcut may be available.
There is a "small estate affidavit" statute in Pennsylvania. Please see our information on it, here:
http://lawdigest.uslegal.com/wills-and-estates/small-estates/4584/
This would be a way to avoid openning an estate, however it is only a viable option in certain circumstances.
You would be well advised to consult a local attorney in order to determine the best course of action. Especially to help you conclude whether you need to open an estate in court, depending on the details of the situation. If you tell the lawyer that cost is very important to you, and perhaps get him/her to give you a flat fee for all services, rather than hourly billing, you will come out better. You can shop around and ask what other lawyers would charge you as a flat fee, then make the best choice.