Legal Question in Wills and Trusts in Pennsylvania

Re: No Will

When a person dies in Pennsylvania without a valid Will, the laws of �intestate succession� govern the distribution of her estate. This means that if she had a surviving spouse or children, then they would receive her estate. If not, then the estate would be distributed to her extended relatives, if any (for example: parents, siblings, nephews, etc.). If there are no family members available to receive the estate, then the estate assets �escheat� to the Commonwealth of Pennsylvania.

If there are no family members who would otherwise receive her estate (or if none of them want to serve as administrator), then your Father could make a petition to the Register of Wills to be appointed as the administrator of the estate.

If your Father can show that the money he gave her was a loan and not a gift, then he could make a claim against the estate for the repayment of the loan. Depending on what documentation your Father has, this may be difficult to prove. If there are extended family members who would otherwise receive the estate, then they may object to treating the money that your Father gave to her as a loan. However, if there are no extended family members to receive the estate and it would otherwise �escheat� to the Commonwealth of Pennsylvania, then your Father may be given more leeway in arguing that the payments were a loan.

If I can be of further assistance, please feel free to contact me.