Legal Question in Wills and Trusts in Pennsylvania

Re: Division of Property assets

you should contact a lawyer in pennsylvania if that is where your father passed. Under the intestate laws (dying without a will) the beneficiary in a case you outlined would be surviving spouse and children. If there is no spouse the children. You should file immediately. If you would like to contact my office for more information then contact me.

Re: Division of Property assets

Without a valid will or a valid trust, the law of intestacy governs. You and your brother are treated equally. If his wife was alive when he died she will get a portion of your dad's estate as well.

File for letters of adminsitration in probate court and get busy marshalling the assets, paying the debts and distributing the property.

Re: Division of Property assets

I assume your father lived in California had not set up a trust either. When there is no Will, the law requires the distribution to go in certain ways. If the deceased leaves behind two children only, they split the assets 50-50%, even if the deceased make verbal or written promises. As to verbal promises, how do you know what the deceased said; there would be too many miscarriages of justice. If your brother wants to argue that he had a verbal contract with your father, point out that minors can not enter into contracts. You should petition the Court to be appointed adminstrator

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