Legal Question in Wills and Trusts in Pennsylvania

Re: Father died...no will...where do i start.?

Even though there was no will, before any of your father�s probate assets can be distributed to his heirs, the estate must first go through probate. During probate, the house will most likely need to be sold and the mortgages will need to be paid off with the proceeds from the sale. If there is any money left after paying the mortgages, any other debts owed by your father, and applicable taxes, then the remainder will be available to distribute to your father�s heirs. Assuming that your mother is no longer living, this means that you, as the daughter (and any siblings that you may have) should receive any inheritance that there might be.

The insurance policy, on the other hand, is considered non-probate property and is controlled by the beneficiary designation and not by the intestacy laws. Therefore, it will pay out to you if you are the only named beneficiary.

In order to sell the house, and in order to claim the insurance policy proceeds, someone has to be appointed as an administrator of your father�s estate. If your mother is no longer living then you, as the daughter, should be entitled to be the administrator of your father�s estate. If you have any siblings, then they would have an equal claim as you to serve as administrator.

If I can be of further assistance, please feel free to contact me.