Legal Question in Wills and Trusts in Pennsylvania
My grandmother has no will and passed away. She has a daughter with no children who is in a nursing home and is mentally incompentant. My dad has passed two years ago and has two children. Who handles the estate and and who gets her money?
1 Answer from Attorneys
You and/or your sibling could petition the Register of Wills to appoint you as administrators of both grandmother's and of Dad's estates.
Your aunt would inherit 1/2 of her mother's estate, your dad the other 1/2. The fact that she is mentally incapacitated does not mean she does not inherit. However, if there is a more than nominal amount of money that would go to her, it might jeopardize benefits that she may or will be using for her nursing home care. Was she adjudicated as incapacitated and a guardian appointed for her? If so, you should coordinate with the guardian.
Assuming that your father had no will and no surviving spouse, you and your sibling would inherit your father's share of your grandmother's estate.
Because your incapacitated aunt's situation makes the administration more complicated, you and the guardian, if there is one, should involve an estates 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.
* 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.
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