Legal Question in Wills and Trusts in Pennsylvania

No. By definition, you are not an heir or a sibling - you are a best friend. If you were not included in your friend's will, then you are not entitled to receive anything from your friend's estate.

Heirs are defined by state law. When a person dies without a will, he/she is considered to have died intestate (Latin for without a will). State law provides for the disposition of assets of people who die without a will. Assuming that your friend lived in Pennsylvania at the time of her death and had no will, then her assets would pass to her spouse, if any. If she had no spouse, then to any children or grandchildren. If she had no lineal descendants (children, grandchildren, great grandchildren and so on) then her assets would pass to her parents. I assume her parents would both be deceased due to their age. In that case, your friend's assets would pass to the siblings of your friend or their children. Eventually, state law provides a cut-off point but we will stop at the friend's siblings. It is significant to note that nowhere in my list of heirs is there mention of best friends and companions of thirty (30) years. Therefore, by definition of law, you cannot be an heir.

The solution to this problem is to leave a will. In this case, your friend wisely chose to make a will but she chose not to include you regardless of your long friendship and companionship. Had she done so, you could have inherited. But she did not and nothing can change that now unless she left other non-probate assets (like life insurance or a joint bank account or payable on death account) and named you as the beneficiary.

I'm sorry for your loss and I know how painful this can be but there just is no remedy if you are not included in the will or are otherwise considered an heir under state law.

If you are not the same gender, there is a remote possibility that you may qualify as a common-law spouse. That might give you a claim against the will for a portion of the estate. I say "not the same gender", because common-law marriage goes back many years, was abolished years ago, and even though same-sex marriage is still not recognized in PA now, it was certainly not even contemplated in PA when common-law marriages did exist.

Consult with a local lawyer.

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.

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