Legal Question in Wills and Trusts in Pennsylvania

Ailing mother in-law with no will

My ailing mother in-law has 3 adult children and no will. My wife has power of attorney and has been her primary caregiver for the past 25 years, with little or no compensation. We found out last year that her son had withdrawn about $20,000 from her checking account without her permission. Without a will, how will the estate be divided? Does the caregiver have any rights to back compensation?


Asked on 7/01/08, 8:10 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

Re: Ailing mother in-law with no will

Assuming that your mother in law's only potential heirs at law are the 3 children. They should get equal shares.

If your wife hasn't gotten any compensation in over 25 years its unlikely she could get any now.

As to the son taking $20,000. That is both a criminal and and civil matter. Start by contacting the police where it happened.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 7/02/08, 8:59 am
Michael Berman Law Offices of Michael A. Berman

Re: Ailing mother in-law with no will

Does the power of attorney allow for compensation?

If not, if I draft a will equally dividing the remaining assets, would it get signed? In the Will, an executor compensation could be added.

Michael A. Berman, Esq.

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Answered on 7/02/08, 12:11 pm


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