Legal Question in Wills and Trusts in Pennsylvania
settle an estate
My daughters husband past away 3/05. The son was made adm. because her attorney thought the ex wife was in the will. The will was no good. So now he seems to taking his time in paying her back almost 10.000 she put out in bills. Can he spend the 54.000 that is left in the estate?
1 Answer from Attorneys
Re: settle an estate
The administrator cannot just take and use the money in the estate. The administrator is responsible for finding out the debts of the decedent, and paying debts and taxes in accordance with priorities established by PA law, including reimbursing family members who have advanced funeral expenses and paid other debts of the decedent. Only after paying all debts and taxes may the administrator distribute the balance in the estate to the legal heirs, again in accordance with priorities established by PA law.
A surviving spouse has the right to inherit a certain amount first, and then the rest of the estate together with children of the decedent.
Your daughter should seek the advice and assistance of a local estates lawyer.
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