Legal Question in Wills and Trusts in Pennsylvania
Estate Problem
My father passed away in June of 2007. There was no will. My sister now has the tax office my father owned. She is an accountant and helped him run the business. Before he died, I dont think her name was on the business itself. I just know that her name was on the checking account they had for it. When he died she just took over the business like she thought she was supposed to. I tried looking up business liscences or anything to that extent to see if her name was on it also. I couldnt find anything pertaining to the business at all. Is the business legally in the estate since there was no will? or does she have grounds to just take it?
1 Answer from Attorneys
Re: Estate Problem
Your father had no will. Any assets in his own name would then generally pass intestate or by the statutory succession set up in the state he died. If Pennsylvania this would involve a wife and children. Did your father run the business as a corporation, partnership?. If your sister had no interest in the business ie stock in a corporation, co owner due to a partnership agreement etc then the business would be an estate asset most likely entitiling you to a share of the business. Since your fact are not completely stated or perhaps unknown it is difficult to attempt to state where you stand. I would advise immediately contat an attorney to discusss your options as you may run into statute of limitations issues if you continue to wait. You do not indicate whether inheritance taxes were paid or return filed after your father died. This is also an issue.
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