Legal Question in Wills and Trusts in Pennsylvania
absence of a living will
When there is no living will and the father dies, what rights do the dependents have?
5 Answers from Attorneys
Re: absence of a living will
If Your father died and he did not have a will than the estate property would pass to the beneficiaries according to be laws regarding people who died without a will. This usually means the lineal (children )would share the estate property equally unless there is a surviving spouse. In addition, any property held as joint tenants with a right of survivorship, IRA, pension plans, life insurance,etc. has to be looked at to determine who the beneficiaries are. I would suggest that you sent me an e-mail with a phone number that I can reach you and a the time of day I should call you to discusses in for the detail. If you need help I look forward to speaking with you.
Re: absence of a living will
The estate will be probated according to the laws of intestacy in the deceased's home state. These differ in every state.
Re: absence of a living will
A living will is the document that directs what happens to the person while he is still alive ie life support etc.
Is this what you are asking about?
Re: absence of a living will
The laws vary by state, but in Florida, minor dependents and spouses have the right to remain in the homestead property of the decedent.
Re: absence of a living will
A living will is used to direct whether or not a person will be on life support. I think your referring to a will. If there is no will then the intestacy laws will apply. The intestacy laws very from state to state, therefore you should consult with a probate attorney in the state in which your father resided.