Legal Question in Wills and Trusts in Pennsylvania
Only Child and inheretance
My father died 1 month ago. He is divorced from my mother and I am the only child. He had a will with my mother but now that they are divorced it does not apply. He had a girl friend for about 1 year prior to his deah and is she is currently iving in the house. She is not named in the will at all. I want to move into the house but she says she will fight me. Doesn't everything come to me now and how do I get her out of my dad's house?
3 Answers from Attorneys
Re: Only Child and inheretance
Your question says that it relates to PA law by which I assume that you mean your father resided in PA at the time of his death and the house is in PA. If that is true, you should ask the question of a PA lawyer.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Only Child and inheretance
Presuming you are named Executor of his estate, probate the Will and get appointed. You will probably have to sue for possession, using a local attorney. Anticipate some claim from the girlfriend. If she had nothing in writing like a lease, this may cost you some money, but you should ultimately prevail. Have your attorney check on palimony laws in the State where the property is located, so you have some information on what to expect.
Re: Only Child and inheretance
You should contact a lawyer preferably in the county where your father died so that the will can be probated. The fact that your mother and father are no longer married does not invalidate the will. Where is the house located. if your father died or lived anywhere near my office I would be willing to speak further with you regarding the matter should you contact me.