Legal Question in Wills and Trusts in Maryland

Statute of Limitations

My father passed in 2004 with no will. He was never married and I am his only child. I did not find out about his death until now. According to the registers information, only his mother was listed as interested parties. Am I entitled to an inheritance?


Asked on 3/30/09, 10:31 am

1 Answer from Attorneys

Lloyd Welling American Wills & Estates

Re: Statute of Limitations

Under Pennsylvania law, if your father did in fact died without a Will, you would have been the sole heir to his estate. I am assuming that you must have been a minor at the time he died. In any event, you seem to have looked up the estate file that was opened by your grandmother after he died.

I would suggest that you may also want to contact the Pennsylvania Inheritance Tax Department and try to obtain a copy of the tax return that was filed on behalf of the estate. This would give you more of an idea of exactly what was in his estate at the time he died. Namely, if the estate was very small or nominal, then it may not be worth your time to even try to pursue some kind of action against your grandmother. On the otherhand, if you determine that your father left a very large estate, then it might be worthwhile to pursue this matter.

Do a little more research on your own and see what you can come up with. Should you wish to contact my office, you may do so through my website at www.americanwillsandestates.com. Thank you.

Lloyd A. Welling, Esq.

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Answered on 3/30/09, 11:00 am


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