Legal Question in Wills and Trusts in Pennsylvania
My 53 year old sister passed away last week. She has no financial assets, except an old car, and no will. She had no job, was divorced, and her children are grown. I will send her death certificate to Social Security, and to anyone else she may have owed money to.
What legal steps need to be taken from here, and who is responsible? (I've been thinking of hiring a lawyer to go through probate, but what would the be the purpose?)
1 Answer from Attorneys
You may be able to handle probate on your own, but if the children are adults, one of them should be the personal representative. You might want to talk to the clerk of the probate court in the county/state where your sister resided at the time of her death just to get a better handle on what is involved.
Basically, the duties of the personal representative are to find out what your sister owned and what she owed. Even though the car is sold, it is still worth something. If there are few assets, then the car will have to be sold and the money used to pay funeral or other administrative expensives. The personal representative might even be able to use the simplified procedure if the estate is very small rather than the full blown probate.
Were there debts of any kind? If so, that fact may dictate that you need to go through probate. If you do, the personal representative may want to get a lawyer just to help wade through the process.
If neither of the adult children are willing or able to serve, then they will have to renounced (give up) only their right to serve. They will still inherit any assets which remain after all debts have been paid.