Legal Question in Wills and Trusts in Pennsylvania
My father owned a building and business which he had told us would be ours upon his death. He married his 2nd wife and said the house would be hers. He does not appear to have a will and she will not let us enter his property to look for papers or any other reason. She has the key to the building because it was with the keys that he took to the hospital and she was given them upon his death. Do we have as much right as she to go into the building and look for possible papers signed by him as to his wishes regarding his estate. There may be papers there which give the business and building to us, his children, that, if she finds, will just tear up and we'll never see them! What to do????
2 Answers from Attorneys
It sounds like you need to engage counsel and seek to force your father's wife to produce a will if there was one. You may also seek letters of administration on your father's estate. If you fear that your father's wife is taking improper actions, you should take legal steps to prevent her from misappropriating his estate, because you do have rights to parts of your father's estate, as does she, in the absence of a will.
Consult an experienced estates lawyer who handles estates litigation.
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.
I don't know why people do stupid things like this. Whatever daddy "told" you does not matter. We have a process - its called making a will. So whatever daddy wanted he should have put in his will. If he did not do this, its too bad.
You do not have a right to force your way on to any property. You and the wife, if there is no will, generally split the property on a 1/3rd to wife 2/3rd to kids basis if there are 2 or more children.
Attorney Jacobson gives good advice. You are going to need a lawyer. If there is a will (and what leads you to believe that there is one?) then the wife could be compelled to produce it. If there is no will then you could seek to become the personal representative of the estate.
If you are personal representative, then your task will be to figure out what your father owned and owed, pay off the just debts and distribute what is left to the heirs. If there is no will, then the business does not go to the kids and the house to the wife. It depends on how these things were titled. The business will have to be evaluated. It may be possible, once it is known how these things were titled and their value, to come up with a settlement agreement whereby the wife releases her claim on the business and the children on the home. Was the business incorporated or an LLC? If so, then there may be business documents which may also govern here.
Any way you slice it, you need to see a probate attorney who practices in the county/state where your father resided prior to his death.
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