Legal Question in Family Law in Maryland

My father passed away in Pa... He has no Will, so that would leave me his oldest son next of kin. I have two sisters and a brother from my father. My uncle told the hospital that he does not deal with his kids so they released information to my uncle, when they should have gotten in touch with his kids. Now my uncle is trying to get us to sign over our rights. Well prior to my did death he called his kids and yes we all had a relationship with my father. What are our legal rights


Asked on 11/03/15, 9:04 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Your father's state of residence at the time of death would determine how his estate is divided up. Since you didn't mention a wife, I'm assuming he was unmarried, and that he had no children who died before him. Every state has a law called the law of intestate succession, which sets out how the estate of a person without a will is handled. In MD, each of the surviving children would have an equal right to be appointed as Personal Representative, which is the person who files the papers to open and administer an estate. There can be more than 1, but whoever doesn't want to take on this task has to file a form waiving their right to do so. If none of you wants to do this, your uncle could assume this job if all of you consent to that. But the bottom line is the rights of the children are superior to his.

Whatever assets your father owned would be divided up equally among the children, after estate expenses. If there is real estate or vehicles, they would probably have to be sold, unless the 4 of you can work out an arrangement where one or more of you keeps such property.

If your father was a PA resident, as seems more likely from your question, you should consult with a lawyer in the area where he lived who is experienced in handling estates. PA law is probably very similar to what I outlined above, but a PA lawyer would be better equipped to assist you.

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Answered on 11/03/15, 11:27 am


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