Legal Question in Wills and Trusts in Pennsylvania

Not necessarily. The statutes provide for which of you relatives inherits from you. That said it sound like you have a small estate and you could set it up that upon your death it could be passed with very little legal effort. The state would only get it if you had no heirs at all, That said you really should prepare a will so your estate goes to who YOU want to have it.

{John}

I agree with Mr. Davidson. Without a will, your assets will pass to heirs according to the Pennsylvania laws governing intestate succession. If you want to avoid that, you should have a will properly drafted by an attorney. Feel free to contact me if you are in the Philadelphia area.

Property all going to the state is an urban myth. This is called escheat and escheat only occurs IF there are no living relatives within the degrees of kinship recognized by the state. You indicate you have a daughter, but what about a spouse? Any other children? Grandchildren? Siblings? Nieces? Nephews? Parents?

I agree with Attorneys Polsky and Davidson. The best way to ensure that the money goes where YOU want it to go is to get a will. They are not all that expensive. However, you can do what I call "poor man's" estate planning. It depends on what you own, but there a lot of assets that can pass outside probate. Examples are jointly owned land with right of survivorship, life insurance/retirement/IRA/401(k), joint bank accounts or any other beneficiary-designated assets. Or with bank accounts you can put what is called a TOD/POD (transfer on death or payable on death designation) specifying that on death your money is to go to daughter.

In answer to your question, if there is no will, then your assets would be divided between your spouse, if any, and your daughter (assuming only one child). If there is no spouse and only your daughter, then yes, she would inherit it all under the intestacy law, set forth below:

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).1

(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. � 2103. Shares of others than surviving spouse

The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order:

(1) Issue.--To the issue of the decedent.

(2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent.

(3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents.

(4) Grandparents.--If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side.

(5) Uncles, aunts and their children, and grandchildren.--If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to taking in different degrees).

(6) Commonwealth.--In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.