brother dies married but no will who is intitled to estate
3 Answers from Attorneys
his wife and any children
Brother's wife and any biological or adopted children as noted under the intestacy laws of the state where brother lived at the time of his death.
Pennsylvania has very specific statutes on the Law of Intestate Succession, which can be found at 20 Pa.C.S.A. § 2101 et seq. The answer depends upon whether he had any surviving children. If there are children, then the actual amount of who gets what then depends upon whether they were his children from a previous relationship or if his widow is the surviving parent.
If there were no children (or grandkids), but at least one of your parents is alive, the widow would get the first $30,000 and then your surviving parents and the widow would split the rest, 50/50.
Hope this helps.
Kevin A. Pollock, J.D., LL.M.
P: (609) 818-1555
Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.
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