Legal Question in Family Law in Pennsylvania

My Uncle died leaving his estate to his wife, my aunt by marriage. They had no children. When she dies who is next in line to their estate? She only has very distant relatives. Her husband has a living brother (my father). Is he next in line?


Asked on 5/07/14, 8:20 am

1 Answer from Attorneys

Aunt needs a will. If uncle is dead, then uncle's property passed to his wife. She can leave the property to anyone but you are not next of kin. You have no blood relationship to the aunt. If your uncle is dead then how can your aunt have a husband? Has she re-married? Any of aunt's brother-in-laws (brothers of husband) have no claim on her estate either as there is no blood-relationship.

If aunt dies without a will and without a surviving spouse and children or lineal descendants (grandchildren, great grandchildren and so forth) then her estate will go to her parents if they are living. If they are dead, then to her siblings if any. If there are no living siblings, then any children they might have had. If there are no siblings, then the laws will look to her grandparent's to see what other children they had and if they had any children. At some point, the relationship becomes too distant and state law provides for a cutoff point in which case all of your aunt's assets would escheat to the state.

Your aunt needs to think about where she wants her property to go if she dies and if she chooses to benefit her husband's nieces and nephews then she absolutely needs to make a will. She needs to consult a probate attorney who practices in the county/state where she lives.

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Answered on 5/09/14, 1:50 pm


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