Legal Question in Wills and Trusts in Pennsylvania

Condolences on your loss.

You must wait 10 days after his death. Then go to the Office of the Register of Wills for the county where your father lived and ask how you may apply for letters of administration. The Register's office will often give you the papers you need to file and help you begin the process. You will need an original death certificate. As the funeral director for one.

Money may not be taken out of accounts based only on death certificates. The banks require Letters of Administration, which are the official appointment of a person to administer the estate of the deceased. Administration includes find out about and paying all of the debts of the deceased and only then disbursing what is left to the heirs. If there was no will, the law lists the heirs and in what priority they inherit.

Even if your father's girlfriend is able to prove a legal or common law marriage, she is not entitled to everything, and children of the deceased have a right to inherit. If the estate is not large enough to pay the "wife's" share, it would go to the wife.

Some of the accounts and CD may have a designated beneficiary. If that is the case, those accounts may go directly to the beneficiary.

Ordinarily you would not be personally responsible for your father's debts, but there are circumstances when children might be responsible.

You might also qualify for free legal services if your total income is within certain limits. Consult the Community Legal Services office in your county.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Pennsylvania abolished common law marriage about 5 years ago. But you indicate that they have been together for 16 years, so I don't know whether a valid common law marriage exists or not. Plan on their being a caveat challenge and a trial as to whether the requirements of a common law marriage were met or not. The girlfriend cannot get money from the bank. Someone will need letters of administration. I would seek to apply and then let the girlfriend file a caveat.

If it is determined that the girlfriend had a valid common law marriage and that there is no will, she will have to share assets with you, although she would be entitled to a spousal allowance. The brothers and sisters of your father get nothing because he has a child. If there is no valid marriage, then you get it all.

I am sorry for your loss. However, your father's situation is a case where a little planning could have made things simpler for everyone. By making a will, your father could have eliminated all of this unnecessary animosity and stress.

Go quickly to a probate litigation attorney in the county/state where your father resided at the time of his death.