Summary
In Pennsylvania, if a person dies without a will and has children from a previous relationship, the surviving spouse receives the first $30,000 of the intestate property plus half of the balance. The remaining half is divided among the deceaseds children. If the spouse jointly owned a property with the deceased, she typically becomes the sole owner through the right of survivorship. There is no specific deadline to start probate, but delaying it can complicate matters, such as accumulating debts and legal disputes. Consulting a probate attorney is advisable for detailed advice.Full Conversation
Question about probate and inheritance in Pennsylvania
Hello ****, I'd be glad to provide general information. Do you want to know about probate process, inheritance tax, or both in Pennsylvania?
My mother’s husband died without a will or putting my mom on the deed to the house. The estate hasn’t been probated yet. Her husband died in *
In Pennsylvania, when a person dies without a will:
*. Spouse and parents are alive - Spouse gets the first $*,* of the intestate property plus half of the balance. Parents receive the remaining.
*. Only spouse is alive - Spouse receives everything.
*. Other rules apply if kids or grandchildren are involved.
Please consult with a probate attorney for specific advice.
Husbands children and grandchildren are not hers
To clarify, does your mother's husband have children and grandchildren from a previous relationship? If yes, Pennsylvania law may handle this differently.
Yes
In Pennsylvania, if a spouse dies without a will and has children from a previous relationship:
- The surviving spouse receives the first $*,* of the intestate property plus half of the balance.
- The remaining balance is divided among the deceased's children and grandchildren.
Please consult with a probate attorney for specific advice.
Yes
In Pennsylvania, if a person dies without a will and has children from a previous relationship, the distribution of assets is as follows:
*. Spouse receives the first $*,* of the intestate property, plus half of the balance.
*. The remaining half goes to the deceased's children, regardless if they are not the spouse's biological children.
Always consult a probate attorney for detailed advice.
My mother is on the deed to another property. How is this affected
In Pennsylvania, if your mother jointly owned a property with her deceased husband, she would typically become the sole owner regardless of his children from a previous relationship. This is known as "right of survivorship". Please consult with a probate attorney for specifics.
How will the probate be effected since the husband died 7 years ago
In Pennsylvania, there's no specific deadline to start the probate. However, delaying it can complicate matters.
- Debts might accumulate
- Beneficiaries may have difficulty accessing funds
- Legal disputes can arise
It's advisable to consult a probate attorney to understand the implications.
TRY ME!
Start a new chat