Legal Question in Wills and Trusts in Pennsylvania
estate law
My father, who did not have a will, died in 2005 leaving everything to my stepmother. When she dies, am I entitled to half of the remaining estate or does it all go to my half-sister (her daughter)?
1 Answer from Attorneys
Re: estate law
You may have been a little misinformed. In Pennsylvania when someone dies without a will, they are said to have died intestate. Under the laws of intestacy, since your father died with a wife and children, who are not of that wife, the wife is entitled to one-half of his estate, and the children are entitled to the other one-half. The only assets that should have passed directly to your step-mother for which you would not have been entitled to a share are any assets that were held in the joint names of your father and his wife, or any assets that specifically named his wife as the beneficiary, such as life insurance. If your father had any assets that were in his sole name, your were and still may be entitled to your share.
Once your stepmother passes, her assets will be distributed according to any will she creates, or if she dies without a will, it will all go to your step-sister since she is the blood line of your step-mother. You will not have any interest in your step-mother's estate unless she names you in her will.
If you have any questions, or would like to explore the idea of receiving your share from your father's estate, please contact me.
I give free initial consultations so we can discuss this further at no cost.
I would be happy to speak with you. You can contact me directly at [email protected] or 412.963.8595.