Legal Question in Wills and Trusts in Pennsylvania

absence of a living will

When there is no living will and the father dies, what rights do the dependents have?


Asked on 5/14/07, 4:45 pm

5 Answers from Attorneys

Robert Roemer Robert Roemer

Re: absence of a living will

If Your father died and he did not have a will than the estate property would pass to the beneficiaries according to be laws regarding people who died without a will. This usually means the lineal (children )would share the estate property equally unless there is a surviving spouse. In addition, any property held as joint tenants with a right of survivorship, IRA, pension plans, life insurance,etc. has to be looked at to determine who the beneficiaries are. I would suggest that you sent me an e-mail with a phone number that I can reach you and a the time of day I should call you to discusses in for the detail. If you need help I look forward to speaking with you.

Read more
Answered on 5/15/07, 7:24 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: absence of a living will

The estate will be probated according to the laws of intestacy in the deceased's home state. These differ in every state.

Read more
Answered on 5/14/07, 4:55 pm
Glenn Brown Real World Law, P.C.

Re: absence of a living will

A living will is the document that directs what happens to the person while he is still alive ie life support etc.

Is this what you are asking about?

Read more
Answered on 5/14/07, 5:11 pm
Matthew Weidner Matthew D. Weidner, P.A.

Re: absence of a living will

The laws vary by state, but in Florida, minor dependents and spouses have the right to remain in the homestead property of the decedent.

Read more
Answered on 5/14/07, 5:19 pm
Gordon Nicol Law Office of Gordon T. Nicol

Re: absence of a living will

A living will is used to direct whether or not a person will be on life support. I think your referring to a will. If there is no will then the intestacy laws will apply. The intestacy laws very from state to state, therefore you should consult with a probate attorney in the state in which your father resided.

Read more
Answered on 5/14/07, 6:15 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania