Legal Question in Wills and Trusts in Pennsylvania
Estate probate
My son's father died 12/26/07. I'm ex-wife. He lived alone & was not married. He lived with someone about 10 yrs ago, had 2 children. He was never legally married to person we assumed was his wife. No marriage certificate on file. He had 5 children including my son. He was owner of many properties in center city. He & attorney was trying to put will toether, but died before this done. One of his brothers ex-wife has keys to his properties and she and attorney refuse to turn keys over to the deceased heirs (his children-the older ones in their 30's & 40's). The ex-sister in law still carries family name.-- Believe attorney she is working with think she is actually related. My son changed lock to a
front door of one of the houses & discovered ex-sister in law (he presumes) had lock changed again, unlawfully. She has no rights as well as former attorney to keys to my sons father houses or anything. They have been approached for keys and they refuse. Since ex-husband death, no family member has had access to his houses. Heirs were working with another attorney, but no action taken. Ex-husband had valuable contents which may not be in tact. Can you advise how they can proceed? They
would like to find someone to help right now.
1 Answer from Attorneys
Re: Estate probate
Someone, presumably one of his children who is an adult over 18 should file for letters of administration in the county where he died. I assume form your facts that there is no wife and no parents. It would appear that all the children would be the beneficiary of those assets that are probate assets. This means assets in your ex husband's name alone or held as tenants in common. If he held ny of the real estate jointly wih right of survivorship then the co owner(s) would get that property. You must act quickly before some one else files to be the administrator ie the sister or someone else. You should contact an attorney immediately. If you or one of the adult children would like to consult with my office further then contact me at my office.
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