Legal Question in Wills and Trusts in Pennsylvania

I have discovered unclaimed property for a relative that passed away many years ago. At the time of her death her spouse was alive but he also passed away several years ago and an estate was opened for him in another state. The unclaimed property is in wife's name alone. As the personal representative when I collect these assets do they have to pass thru the now deceased huband's estate or can I distribute the assets to the current intestate heirs?


Asked on 2/15/16, 10:46 am

1 Answer from Attorneys
Rachel Hunter

It really depends on what the will says for the woman and what the property consists of (is it money?). Did the people have children? Did the will address the property in question or contain a residue clause? What did the will say about any property? How much? If there was no will, then the woman's assets would pass to spouse and children under the intestacy laws.

You are going to have to sit down with a probate attorney who practices in the county/state where the woman's estate is pending. If she had no will, then her assets would pass to her spouse and children, but since spouse is dead, all would go to children. If there are no children then the assets would pass to spouse, not relatives.

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Answered on 2/15/16, 8:23 pm


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