Legal Question in Wills and Trusts in Pennsylvania

When someone dies without a will, their assets pass to their spouse and children. However, it depends on what they owned and their debts are. It also depends on how assets were titled.

For example, if your mother owned land jointly with your stepfather as husband and wife, the land automatically goes to him. It is not a matter for probate. Same with joint checking accounts.

Also, a spouse is allowed to get a certain amount of property free and clear of any claims - this is called a spousal allowance or spousal share or family exemption.

Below are some statutes to help you. As to what you should do, first see if your step-father probated an estate for your mother. If not, find out why not. Are there any assets? Bills? maybe probate is not warranted if your mother had no probate assets. If your mother had probate assets over and above the amount set forth below ($3500 for the spousal share, plus $30,000 plus 1/2 the balance of the estate), then you should go to a probate attorney immediately. If less and if your mother was living with her husband at the time of her death, then everything probably goes to him. However, you might want to check with an attorney to confirm that. If your mother was not living with her husband (if they were separated or if he caused her death) then he might not be entitled to his share. In such case you should defintely see a probate attorney.

In my answer, I have assumed that your mother resided in PA. If that is not the case, then different states have different laws and you should contact a probate attorney in the county/state where your mother lived. Nevertheless, what I have told you is basically correct - all states split the probate assets between the surviving spouse and any children and give the spouse a spousal share.

20 Pa.C.S.A. � 2102 Share of surviving spouse

The intestate share of a decedent's surviving spouse is:

(1) If there is no surviving issue or parent of the decedent, the entire intestate estate.

(2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230). [FN1]

(3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate.

(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.

(5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).

20 Pa.C.S.A. � 3121 Family Exemption

The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then such children as are members of the same household as the decedent, and in the event there are no such children, then the parent or parents of the decedent who are members of the same household as the decedent, may retain or claim as an exemption either real or personal property, or both, not theretofore sold by the personal representative, to the value of $3,500: Provided, That property specifically devised or bequeathed by the decedent, or otherwise specifically disposed of by him, may not be so retained or claimed if other assets are available for the exemption. The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture of the right to exemption