Legal Question in Wills and Trusts in Pennsylvania

The estate has to be probated, debts and taxes paid, and then the remainder is divided amount the wife and children according to the Intestate law.

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.

When a person dies with no will, the person is said to have died "intestate" (intestate means without a will). In such case, the distribution of their property - land and everything else - passes as per state law to their surviving spouse and children once the just debts/claims are paid.

The problem is that the intestacy laws are only concerned with probate assets. There are many kinds of assets that may pass outside probate (IRAs, pensions, life insurance, checking accounts, some land owned by a husband and wife, etc).

Relying on the intestacy laws or non-probate beneficiary designations is poor estate planning because that may or may not be how you want to transfer the property.

One's legacy should not be a lawsuit for one's heirs/beneficiaries. The husband and wife should intelligently plan for their eventual death and provide for an orderly transfer of assets. They can start by seeing a competent estate planning attorney. I don't know what you own, but wills are not all that expensive. For larger estates or if tax planning is needed, then you will want a trust. While a little more costly and complicated, it can minimize the need for probate of your estate and may be cheaper to administer in the long run. However, that is something for you in consult with an estate planning attorney to determine.

I suggest that the husband and wife seek out local estate planning counsel, perhaps Attorney Jacobson or any of the other attorneys here who are in your area and do such work.