Legal Question in Wills and Trusts in Pennsylvania
personal property when someone dies with no will
My father passed away suddenly without a will. He was married to our stepmother for 18 years and had no other children. The estate has not been settled because there is personal property that my siblings and I feel that we should have access to and our stepmother and her lawyer state that she is not willing to give these items away. What happens to the personal property, especially items of sentimental value, when a person dies without a will? We have asked to have both lawyers meet to try to hash this out but she is unwilling. There is no open line of communication and we're not sure what the law states.
1 Answer from Attorneys
Re: personal property when someone dies with no will
Personal property is part of the estate assets, the same as any other things owned by your father. If your stepmother is working with a lawyer to administer the estate, they should be following rules and procedures mandated by law.
It is not up to your stepmother to agree or not agree.
If you feel that this is not the case, you and your siblings may seek to intervene in the estate administration. Your lawyer should be able to assist with that.
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