Legal Question in Wills and Trusts in Pennsylvania

Deceased estate

If a sibling was awarded by a orphan's court judge guardianship and estate rights prior to mother's death, does a sibling still have control over estate after mother's death? If so, what rights, if any, does other siblings have over deceased mother's estate?

Thank you


Asked on 3/17/09, 12:02 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Deceased estate

The guardianship ends when mother died. I'm not sure what "estate rights" Orphans' Court could award, but probably it means conservatorship of the estate [assets] of mother while she was alive.

Once mother has died, her decedent's estate [estate of a deceased person] must be administered. If she had a valid will, that should be filed and administered. If she did not have a will, the same process would be followed, except that instead of an Executor, there would be an Administrator [both are now referred to as Personal Representative] to administer the decedent's estate, and the estate would be governed by the PA law rather than by the Will.

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.

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Answered on 3/17/09, 12:09 pm


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