Legal Question in Wills and Trusts in Pennsylvania

Re: Last Will and Testament

First, please accept my sincere condolences on your recent loss. There are a number of potential issues involved in the fact scenario that you have described. If you would like to meet with an attorney who concentrates in probate matters, contact my law partner, Sam Rossitto, at 215_242_3830. He will be happy to give you a free consultation on this matter in his Chestnut Hill office if you mention that you got his name from this Law Guru website.

Re: Last Will and Testament

Unless you want to become an expert on PA probate law I would recommend you find an attorney. They know what needs to be done to get the will probated and estate settled.

His widow could seek to take her spousal share which would reduce the amount of the estate to be split with your sister.

If you have any questions. Feel free to contact me. The initial consultation is free.

{John}

Re: Last Will and Testament

First, my condolences on your loss.

If the estate is not very complicated, you may go to the Register of Wills Office to get some guidance [but not legal advice]. They will provide you with the forms you need to start the estate by probating [filing] the will.

You will be responsible for the entire estate administration, but you will also be able to deal with the real estate. Be careful to first pay all debts, starting with taxes due to PA [income, inheritance, any others] and other priority debts, before you dispose of assets of the estate.

Your father's surviving wife does have a right to claim the surviving spouse's interest. If they had title to the home as "tenants in common", then your assumption is correct, that only his interest in the house is part of his estate, and may be passed under his will, and the other half interest belongs to his ex-wife.

If the probate process seems beyond your ability to do on your own, you should engage the legal services of an estates lawyer.