Legal Question in Wills and Trusts in Pennsylvania

Re: Death of a minor's parent

Your son's father's estate is subject to claims by creditors and tax authorities, as well as funeral expenses, before any assets can be distributed to heirs. Also, are there any other heirs? Was he married at the time of his death? Did he have other children? A surviving spouse and other children would also have claims as heirs.

The vehicle may not be transferred to a minor, and you would probably need some sort of Orphans' Court authorization to take title to the vehicle, on behalf of your son, and to liquidate it, if there are no other heirs entitled to share in the estate.

Anyone who assumes responsibility for administering the estate (the "administrator" or "administratrix" or "personal representative") will have to take care of debts first, and only then can assets be transferred. The personal representative does not have personal liability for debts of the deceased, except if the personal representative distributes assets without first satisfying debts.

You may wish to go to the Register of Wills Office in the county where your son's father resided at the time of his death. The staff in the Register's office are helpful to people with questions like yours, although, of course, they may not "represent" you, they may offer you some guidance.