Legal Question in Wills and Trusts in Pennsylvania
Incapacitated Adult needs support from deceased fathers estate
Father died intestate. Spouse claims no probate because all assets were held in wifes name (home, bank accounts, car). Father has five adult children, one is incapacitated since birth and being cared for by our sister. Mother died and our father would not support him. Father also never paid any child support ever. Father had five wives. Looks like one may not have had any legal divorce. We're looking to get support or lump sum for the disabled adult/child. Current spouse does not feel she has any obligations toward him even though she has lived on whatever my father contributed to their joint assets at the childs expense. We proposed she leave fathers share of equity in the house to the disabled child, due upon her death. She has refused. With all our fathers wives, he put assets in their name to avoid obligations. If there is no probate can we sue the spouse to get our fathers portion of the equity? Are possible claims: fraudulant transfer, back child support, illegal marriage, other suggestions. What do we need to do?
1 Answer from Attorneys
Re: Incapacitated Adult needs support from deceased fathers estate
There is no easy answer, typically if you die in PA without a will we will follow the intestate guidelines and the children are entitled to share depending on how many children. Your father had five wives and I do not know how many heirs or even if he had any assets in his name, property held as joint tenants or as tenants by the entirieties does not count.
You need to speak with a lawyer. You can call my office at 412-916-1677 all initial consultations are free. I assuming that your father died in PA and was a resident here.
Or call the local bar association for a referral.
Brandon Barnett, Esq
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