Legal Question in Wills and Trusts in Pennsylvania

Re: No will, what rights do the heirs have

Where there is a surviving spouse and children, generally the law gives the first $30,000 to the surviving spouse, and the spouse gets one- half and children get the other half of the rest of the estate.

If your mother's husband is asking you and your siblings to renounce your right to administer your mother's estate, and if you trust him, you may do so. The renunciation does not mean that you are giving up your rights to inherit.

However, the children (you and your siblings) may also seek to administer the estate, and if the surviving spouse (who I am assume is not your parent) does not consent, then the Register of Wills will hold a hearing to determine who should have the right (and obligations) to administer the estate. You and your siblings may argue that since your mother was in the process of divorcing the surviving spouse, that the interests in her estate would better be served by her children being the administrators.