Legal Question in Wills and Trusts in Pennsylvania
my father died and left 200sq.mt lot area. my father widowed and get married to my mom w/ 2 siblings, the 1st family had 4 siblings.,. as her daughter., do i have the part for the lot/., in the law how it is equally divided? is that 50:50 or depends on no. of siblings?how about the wife is she could claim her part? thnk and more power.
1 Answer from Attorneys
When did your father die? Where was the land? Where did your father live at the time of his death? Did your father have a will? I need to know the answers to these questions.
Generally, land passes at death to the person named in the will. If there was no will, then land passes by the intestacy laws of the state where your father lived at the time of his death. Sounds like your father was married at the time of his death and that your father had children with this woman. The wife and children inherit - different states have different intestacy laws. It could be 1/3 to wife and 2/3 to all the children. It would only be 50/50 if your father had 1 child, which is not the case here.
Generally, the personal representative named in the will needs to probate your father's estate. if there is no will, then the preference is for the surviving spouse. If she will not do it, then it sould be one of the children who live in the area if the family can agree. If not, some states will allow for a county or public administrator to be appointed.
I do not know what state your father lived in, but I suggest that your mother take the will, if any, to a probate attorney and discuss how to probate the estate.