Legal Question in Wills and Trusts in Pennsylvania

The intestate law provides that the wife gets a portion and then the wife and the children share in the balance. It may be necessary to sell the house if there are insufficient liquid assets to pay estate debts.

It is not true that a will or prenuptial agreement is necessary for the wife to receive a share of a husband's estate.

The wife should engage a lawyer ASAP. She should seek probate of the estate by applying for letters of administration to the Register of Wills in the County where she lives and she should not move nor should she allow the house to be sold (I assume that the house is titled in her husband's or her and her husband's names).

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.

First, while you mean well, this forum cannot be used to discuss your friend's case. Its also unethical to do so and there is no indication that the friend has consented to this.

Second, I agree with Attorney Jacobson that your friend needs to see a probate attorney who practices in the county where the husband lived prior to his death. There are time limits fpor claiming an elective/spousal share or a family exemption so its important to do this.

I don't understand who is "them" and who is "making" the friend sell the house.

When someone dies without a will, state law provides for the distribution of assets. Usually, this is the spouse and any children; all assets do not pass to the wife. However, the intestacy laws only provide for the distribution of probate assets. Many things are non-probate assets - jointly owned real estate (either as a tenancy-by-the-entireties or with right of survivorship) life insurance, joint bank accounts or another beneficiary designated asset like IRAs/401(k)s/pensions etc.

The starting point for the friend is determining what her husband owned and how it was titled.

Was there land? Owned as husband and wife? If so, the land passed automatically to the wife upon death of the husband. Any bank accounts owned jointly between the wife and husband would also pass to the wife.

Anything owned solely by the husband would go into his estate. An estate is not "them" but is created once an application for probate and issuance of letters of administration ois requested by the wife. The likely choices for administrator would be the wife and any children, so who is "them" and why are they "making" wife sell land?

The only reason that a sale of land would be necessary would be if the husband was on Medicaid at the time of his death and got Medicaid benefits and solely owned the house. Medicaid, by law, is mandated to seek recovery of amounts spent. If the house were solely titled in the husband's name then maybe it would have to be sold to pay back Medicaid. This is yet another reason why the wife needs to seek out a probate attorney.

Something does not add up in what you have related and an attorney needs to speak to the wife to find out what is going on and review what assets/debts there are.