Legal Question in Wills and Trusts in Pennsylvania
My fianc� died on July 9th leaving behind an unborn baby, 1 yr old, 6 yr old, 15 yr old, and 18 yr old children. His death was sudden and unexpected at the early age of 42. His mother and brother want to come and take all of his belongings. I don't think they are entitled to anything. I think all of his personal belongings should be split equally between all of his children. What do I do if they show up here to get stuff? What are my rights to all of the things we accumulated together? They have a pregnant emotional wreck of a lady totally stressed out! We are in PA and there was no will.
2 Answers from Attorneys
I am sorry to hear that. The first thing you should is make sure your fiance left nothing which could be probated as a will. In Pennsylvania wills do not have to be witnessed. They do have to be written and signed at the end. They have to contain language that is considered "testamentary" that is, language that says who gets what after the writer dies. In the past I've probated letters, for example, that qualified. You will need two people to swear that the signature at the end is his.
If he had no will and no spouse everything goes to his children equally. If you bought something it already belongs to you. Your property rights are governed by "contract" that is to say; by what the two of you agreed to. He may have already given his "belongings" to you.
His parents have no rights. His 18 year old child could qualify as the administrator; but that costs money. The parent and brother cannot just "come over" especially if you have a lease. They would be trespassing.
More than that requires more detail. Are all the children yours? If you are the named beneficiary on insurance or something that would be yours.
Attorney Narcisi is correct. But the 18 year old needs to at least have a consult with a probate attorney who practices in the county/state where your fiance lived at the time of his death. If he had this many children, it is really inexcusable that he did not have a will. You don't address the primary issue here - what did your fiance own and how was it titled? Are there probate assets? Not all assets are probate assets. Attorney Narcisi refers to insurance. There are other examples like joint checking accounts or jointly owned real estate with right of survivorship.
All the personal property is going to be equally divided among the fiance's biological children including the unborn child. Someone may need appointed as guardian of any money for the minor children and that will be you if you are the mother. You will also need to consult a probate attorney about this.
The mother and brother have no rights here and if they show up on your doorstep you do not have to let them in. But you and definltely the 18 year old need to see a probate attorney now before the brother and mother do and manage to get themself appointed administrator of an estate. I guarantee they will not be nice if they succeed and they will certainly not be looking out for the interests of the fiance's children.