Legal Question in Wills and Trusts in Pennsylvania

Death of brother no will

My brother died last week with out a will my parents are both deased and he was divorced with a 11 year old child is there any way to ensure my nephew gets everything and not his ex-wife?


Asked on 2/17/09, 11:40 am

3 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Death of brother no will

I am very sorry to hear of your brother's passing and your obvious concerns with his estate.

A lot of this depends on when he purchased his real property and how he has other items titled. I am not certain he can "cut her out" but as his isssue, your nephew has definate rights in the estate.

Our office specializes in wills trusts and estates. In your case, it sounds like you will need to start a Probate proceeding. We would be happy to assist you with this.

Please feel free to contact me at the email provided by LawGuru or throug our firm's site PasadenaEstatePlanning.com.

Scott

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Answered on 2/17/09, 3:52 pm
Lloyd Welling American Wills & Estates

Re: Death of brother no will

Sorry to hear about your brother. Presuming that your brother only has the one child, under Pennsylvania intestate (without a Will) law that child will inherit the entire estate. However, because the child is only 11 years old, obviously he is too young to be the Administrator of your brother's estate. Likewise, your husband's ex-wife is not an appropriate canidate to be the Administrator.

Because both of your parents are also deceased, this leaves either you or one or more of your other living siblings, if any, who could petition are local Register of Wills Office to be appointed as the Administrator of your brother's estate. Even thought you live in California, alot of this the process could be accomplished my mail. If you would like to discuss this matter further, please feel free to contact me through my website at www.americanwillsandestates.com or by email at [email protected]. Thanks.

Lloyd A. Welling, Esq.

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Answered on 2/17/09, 12:22 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Death of brother no will

Open probate as estate representative. Establish trust for niece. Contact me directly.

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Answered on 2/17/09, 1:11 pm


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