Legal Question in Wills and Trusts in Pennsylvania
Uncle B and Aunt C were married for many years and always lived in the same county in Pennsylvania. Uncle B died. Aunt C inherited their property, then died a year later. They had no children, and neither one left a will.
The only remaining family are 8 nieces and nephews. 7 from the Uncle B side of the family. 1 from the Aunt C side of the family. In Pennsylvania, does the 1 nephew from Aunt C side of the family inherit everything since there was no will?
1 Answer from Attorneys
When Uncle B died without children, his property would have been inherited by Aunt C. See
20 Pa.C.S.A. � 2102 (1) (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.
When Aunt C died a year later, the entire estate would have passed solely to the nephew of Aunt C and nothing would go to Uncle B's nieces and nephews. See 20 Pa.C.S.A. � 2103(3) (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:
(3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents.
I know its too late to do anything for Uncle B and Aunt C, but this is why people should have a will so that their property is distributed as per their wishes, not state intestacy law.
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