Legal Question in Wills and Trusts in Pennsylvania

If the item mentioned in the will does not exist then the gift is considered "adeemed." Example: I leave my blue Maserati in my will to my boyfriend. I die. I don't own any Maserati, but I own a Ford Fiesta. My boyfriend gets nothing under my will.

However, if my will reads "I give my boyfriend any vehicle that I own at the time of my death" then there is a different result. If I sold my Maserati and bought the Fiesta, then boyfriend would get the Fiesta because that is the kind of vehicle I owned at the time of my death.

So in your case, if will says "I leave my step-grandson my guitar" and no guitar is among the deceased's possessions, then step-grandson gets nothing.

I find it somewhat incredulous that a person makes a will saying only that. Was the will drafted by an attorney? If so, there should be what is called a residue clause that says "anything else I leave to x, y and z." However, if there is no residue clause then a partial intestacy will result. The law provides that in cases of intestacy, the deceased's possessions go to her spouse, if any, and then to her biological or adopted children, grandchildren, great-grandchildren or any other lineal descendants. Step-grandchildren do not count unless adopted or the will somehow provides otherwise (in which case there would be no intestacy).

If there is no spouse, children or lineal descendants, then intestacy law provides a chart for figuring out who inherits. If there are no parents/siblings, then nieces/nephews? Cousins?

Someone should talk to the register of wills about setting up an estate. Most states have small estate processes whereby the money can be turned over to the personal representative and used to pay any final expenses including any commission owed to the personal representative and attorney fees. Whatever is left is then distributed to the heirs/beneficiaries.