Legal Question in Wills and Trusts in Pennsylvania

If your dad had a wife at the time of his death, usually the spouse and children split the assets. However, I don't know where your father lived at the time of his death. Assuming that he lived in PA, then see the statutes below. If it is not PA, then you will need to consult a probate attorney and the state intestacy laws where your father resided. Different states have different laws so the amounts will differ.

Also, exactly what you will be entitled to will depend on what assets your father had. These statutes only deal with probate assets. If there is a home, for example, that is owned jointly by your father and his wife (called a tenancy by the entirety), then the house will pass directly to the wife. If your father had an IRA, pension or life insurance and the wife was the beneficiary, then those assets will also pass to the wife. For non-probate assets that passed to the wife or anyone other than you, you are not entitled to any portion. Conversely, if non-probate assets pass directly to you, then the wife or anyone else is not entitled to a portion.

I recommend that you see a probate attorney in the county/state where your father resided. You need to see if an estate was probated for your father and if it was, what assets and debts are in the estate and what your portion of the assets will be under the state intestacy laws.

20 Pa.C.S.A. � 2102 Share of surviving spouse

The intestate share of a decedent's surviving spouse is:

(1) If there is no surviving issue or parent of the decedent, the entire intestate estate.

(2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230). [FN1]

(3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate.

(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.

(5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).

20 Pa.C.S.A. � 2103 Shares of others than surviving spouse

The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order:

(1) Issue.--To the issue of the decedent.

(2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent.

(3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents.

(4) Grandparents.--If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side.

(5) Uncles, aunts and their children, and grandchildren.--If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to taking in different degrees).

(6) Commonwealth.--In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.