Tag Archives: INTESTATE SUCCESSION

Who gets what in Mom’s will?

Q: My Mom and her husband of 33 years built a home during their time together. Later, he died and left everything to her. Her will stated that all of her Jewelry, clothes, antique furniture went to me. I was told that since she remarried 7 years ago that the old will is no longer any good. I was also told that the house now goes half to her new husband and half goes to me. He says that he thought it all went to him. Can you please help me?

A: Mom’s will determines who inherits from her. If she has no will when she dies, state law , the intestate succession statue, determines who inherits from her. Most likely, this will be the first $30,000.00 to the spouse and the balance of her estate to be split between her spouse and her children. If mom’s will leaves everything to you and excludes her new husband there is a statute, the election against will statute, that allows a spouse who has been excluded from the other spouses will, to claim an interest in one-third of the estate of the deceased spouse. I am not sure if your mother has passed or not but it sounds like all of you should consult with an attorney.

 

What rights do I have being next to kin?

Q: My mom passed away when I was 18 years old, in Ohio. She had no will nor was she married, making me next to kin. My grandma voluntarily said she would pay for the funeral but later said she had rights to everything because she had to get her money back. Her and I came to an agreement that she would “supervise” everything so me and my four younger siblings could separate everything equally. I have no intentions of taking everything for myself. All my mom’s assets are in a storage unit in my grandmas name. I recently found out she was taking things out while I am away in Florida. What can I do when I get back? Do I have rights to demand it back and take everything out of storage if she tries to deny me access ?

A: It sounds like there was no estate opened. If there is enough value in this property in the storage shed or other assets to fight for, you have the right to become executor of the estate. Since she had no spouse, you as child are given preference over granny. You can then be in charge of the storage shed and everything else your mother may have owned. Yes, if granny paid the funeral bill, she needs to be reimbursed from mom’s estate. You may want to consult with an attorney so he or she can check if an estate was opened, assess the value of this estate and inform you of your options. Perhaps a letter from the lawyer may be worth the fee.

 

What rights do the children of a previous marriage have if spouse dies?

Q: If you re-marry someone with grown children, can the children inherit something if he dies.  Can they inherit something even though they haven’t seen him in years, and didn’t attend the funeral?

A: If he has a will, it should spell out to whom his estate passes to. If you are a spouse and are not mentioned in the will, you can file a Spousal Election Against Will in the Register of Wills and request and seek a one-third share of certain property of the deceased person acquired during the marriage. If he has no will, the biological children will inherit a share of the estate along with the spouse. As I am not aware of all of the facts here, I strongly suggest you discuss this with a lawyer.

Uncle is not married, has no children and dies without a will.

Q: If my uncle dies without a will, in PA, does all the wealth go to that one living brother or is it divided in three shares? Here are the details of this in testate in PA. Have an uncle who has never been married and has no children. He had three brothers, including my father. My father and one of his brothers is deceased and one brother is still living. Three shares, 1 to the living brother, 1 to the children of once deceased uncle, and 1 to the children of my father (the other brother).(Pittsburgh, PA)

A: You are correct. If there is no will (intestate), inheritance falls under the PA intestate succession statute. The shares of a deceased brother pass down to children of the deceased brother in equal shares.

How can my step children inherit from me in my will?

Q: In Family section of my Will I have included both my children and my step children and called them all “my children.“ Is it permissible in Pennsylvania to include both natural children and step children as children in my will without being specific. My intent is to treat them all equally.

A: In PA, they may not be legally considered “children” unless adopted unless paternity was established putatively (by your actions as raising them from birth as your own). However, the beauty of a will is that you have the complete discretion to choose the persons who will inherit from you, regardless of their biological relation. If you spell their names out in the will that would accomplish what you want. If you would die without a will (intestate), then inheritance of children is based on bloodlines established by the PA intestate succession statue. If there is the potential for any riff between your natural children and step children, make sure that your will is secured and protected so that it can be probated when you die. If your children would resent that your step children should inherit from you, they could destroy your will so it would not be probated and intestate law would be followed which may cause the step children to be excluded as heirs.

Do I need a will? My children agree on everything?

Q:  Do I need a will? I have no real estate, just bonds and a bank account. My 4 children know it is to be split up evenly and they agree with my wishes.

A: No attorney can answer this without more information. Do you have a wife? If so, she cannot be totally disinherited by you and can file an “election” against your estate. Do these assets pass directly to your children either in-trust-for or jointly? If there is no spouse and the assets pass directly, it could be a very simple process and your children would receive their inheritance, pay inheritance tax and there would be no need to open an estate. If you have no will (“intestate”)and these assets do not pass directly to the heirs, an estate will need to be opened and the assets will pass under the PA laws of intestate succession to the heirs equally. Under intestate law, if you have a deceased child, that child’s child or children will inherit the share of their parent. If you have a will you can choose to have the share of a deceased child instead pass to your surviving children or any one of your surviving children. You have more say in how your estate passes when you have a will. You can also choose which child will serve as your executor, which could avoid any potential disagreement among your children.  I would advise having a consultation with an estate attorney and having a simple will done.