Re: Unknown Parental Rights

It appears that the surviving son would be entitled to the bulk of any claim for injuries unless there was a will left by your nephew which distributed assets to others including the decedent's mother. Your

sister should contact an attorney immediately to review the matter as it would appear this could be a viable claim. if you or your sister would like to contact my office I would be happy to discuss this further.

Re: Unknown Parental Rights

§ 2103. Share of others than surviving spouse.

The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order:

Issue.-To the issue of the decedent.

Parents.-If no issue survives the decedent, then to the parents or parent of the decedent.

Brothers, sisters, or their issue.-If no parent survives the decedent, then to the issue of each of the decedent's parents.

Grandparents.-If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side.

Uncles, aunts and their children, and grandchildren.-If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to taking in different degrees.)

Commonwealth.-In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.

Good luck to you.

Re: Unknown Parental Rights

Have you had an attorney look at the liability issues here? You could be entitled to some serious money. The insurance company is not going to volunteer this. Feel free to call our offices or e-mail me directly.