Legal Question in Wills and Trusts in Pennsylvania

desease persons possessions

mother died stepfather lives on do we as children have legal rights to her possessions she had coming into marriage.


Asked on 5/30/07, 6:13 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: desease persons possessions

It depends on whether she had a will directing who would get her possessions. She could leave her property to anyone she chose.

Mother's property from before the marriage would have to be clearly distinguished from any possessions that she and stepfather acquired together, because he would have a right in those. Anything that was jointly titled in their names as husband and wife automatically became his alone upon her death.

If there was no will, PA's Intestate Succession law provides how her estate goes. Of course, first all debts have to be paid before any assets may be distributed.

An estate must be opened in the office of the Register of Wills for the County where mother resided at the time of her death, and a personal representative [executor if there was a will, administrator if no will] appointed. The personal representative is the only person who has legal authority to transfer estate assets after paying debts and all taxes due from the deceased and from the estate.

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Answered on 5/30/07, 10:44 am


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