Legal Question in Wills and Trusts in Pennsylvania

My brother Bob was living with his fiancee. The home and the bills are in her name. He passed away 2 months ago. My other brother would like the tools Bob left behind. My mom would like the radio that was a gift to my brother and an old camera he had that belonged to my dad. Although there was no will, his fiancee says that he told her that if he ever died, she could sell his things to pay her bills. She refuses to let us have anything. We are in Pennsylvania. What are our rights?


Asked on 8/13/11, 1:02 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Without a will, all of your brother's estate goes to the people named in the statute governing intestate estates. First, of course, all debts have to be paid. The fiancee is not entitled to anything just because your brother "told" her.... Getting access if she's refusing it will be a difficult thing.

Meanwhile, the house is in her name, so she gets that. She can sell it to pay her bills.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/13/11, 3:18 pm

I echo Attorney Jacobson's comments. The fiancee gets nothing because Bob might have said something.

Bob's parents, adult child (if he has one) or any of his siblings immediately needs to see a probate attorney in the county/state where Bob lived at the time of his death (your location is not relevant - its Bob's location that governs where any estate is probated). Basically, one of Bob's next of kin is going to have to administer his estate. Once appointed, that person will have the authority to take possession of Bob's possessions and sell them and pay his bills or distribute these things as per the state intestacy laws, whichever is appropriate. If the fiancee will not give up Bob's things, then the administrator can hire an attorney to get them. She can be forced by the court to give up possession of Bob's things. However, she can do what she wants with her property.

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Answered on 8/15/11, 12:33 pm


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