Legal Question in Wills and Trusts in Pennsylvania
no will left by patents
parents deceased. no will. the only thing of value is the furnished house. nothing else. 6 children of which 3 are deceased.oldest daughter lives on the property. no animosity exists. all friendly. what do you suggest?
2 Answers from Attorneys
Re: no will left by parents [was no will left by patents]
The estate must be administered in the Office of the Register of Wills for the County where the last of your parents to die resided at the time of death.
The children of the 3 deceased children may also be heirs, along with the 3 living children.
With no animosity, the 3 living children should consult an estates lawyer in the County where the estate should be administered, just to get an idea of what will be involved.
Staff in the Register of Wills office will often be helpful, but if there is paperwork and procedure that the three of you do not feel able to handle, you should engage the services of the lawyer to assist you.
Re: no will left by patents
As there is no will the intestacy statute determines who will inherit.
Based on your posting that means the 3 surviving children are the heirs at law. They are entitled to equal shares.
To settle the estate they need to do the following:
They need to pick one of the surviving children to administer the estate. Once an administrator is chosen they should seek council to make sure the estate is handled properly. This includes among other things getting letters of administration, advertising the estate paying estate and inheritance taxes. Figuring out how to divide the estate and lots of other things.
Could one of the surviving children do all that? I don't know. Further do any of them want to do all that? If not you should see an attorney.
The three children need to get together and decide who is going to do what.
If you have any questions feel free to contact me, the initial consultation is free.
{John}