Q: Mom died without a will. She has a living son and step-father. Step-father did not adopt the son. Step father is not willing to divide the property or the items in the property. Just need to know what our options are? (Kittanning, PA)
A: If I understand this correctly, mom died without a will and was survived by a son and a step-father to the son, her husband? If I am correct my answer is as follows. Since mom has no will, the Pennsylvania intestate (no will) statute applies. That statute related to these facts would result in the husband getting the first 30K from mother’s estate (things in her name only) and the husband and her son would share the balance. You would need to make sure she is on deed alone, or on the deed with her deceased husband, for this result. If she and her husband are on the deed as husband and wife (tenants by the entireties), he now owns the property.