Legal Question in Wills and Trusts in Pennsylvania

Re: Power of Attorny

As to who receives his property, it depends upon whether he has a valid will and how his property is titled.

Property owned with the right of survivorship will belong to the other owner or owners.

All other property will pass by will or, without a will, by the laws of intestacy.

To see how much you and the children will get, go to pawill.com and use the Intestacy Calculator.

The Intestacy Calculator will also show how much Pa. inheritance tax and how much Federal estate tax will be due for the estate.

Good Luck!

Re: Power of Attorny

Your first question is difficult to answer, because you don't specify what decisions you are talking about.

As for the inheritance, I am assuming that your husband does not have a will. If he does not have a will, the laws of intestacy will apply.

The Pennsylvania laws of Intestate Succession are designed to protect and provide for the surviving spouse and children of the decedent. Pennsylvania wants to assure that these individuals are provided for in the event of the untimely demise of a loved one. In addition to the surviving spouse and children, the law may also provide an inheritance for the decedent�s parents, siblings, aunts, uncles, and their children and grandchildren.

So how does this law work? As complicated as the concept may seem, the law is laid out quite simply. If the decedent is survived by a spouse, the amount he or she will receive varies depending on which other relatives of the decedent also survive. The law controlling what portion of the decedent�s estate the surviving spouse receives can be found at 20 Pa.C.S.A. � 2102. It can be summarized as follows:

IF THERE ARE SURVIVING CHILDREN. If the decedent was survived by his or her spouse and had surviving children, all of whom were also the surviving spouse�s children, the surviving spouse will receive the first $30,000.00 of the estate, plus one-half of the remaining estate, if any. However, if the decedent was survived by his or her spouse and had surviving children, at least one of whom was not also the surviving spouse�s child, the surviving spouse will only receive one-half of the estate. Under these circumstances, the surviving spouse would not be entitled to the first $30,000.00. The reason for the difference in these two scenarios is that the law presumes that the surviving spouse will care and provide for children of his or her own, but does not make the same presumption for children that are not his or hers. Regardless of how the child was treated by the surviving spouse during the decedent�s lifetime, the legislature did not want to take the chance that that child would not be provided for after the decedent�s death.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

[email protected]