Legal Question in Wills and Trusts in Pennsylvania

my ex mother-in-law passed away in March of 2014. How do I find out if she left me or my daughters anything. My ex-husband do not talk at all.

Thanks


Asked on 9/08/15, 11:12 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

If an estate was opened, the Register of Wills Office in the County where she resided at the time of her death would have a file. You may call or you may go to the office to ask if an estate was opened and for information about it, if one was. You may also ask for a form called a "Caveat", and file it. Basically, this form asks the Register of Wills to notify you if someone does file a petition for appointment to administer an estate. If a file had been opened, it is likely that it would already have been done by now.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 9/08/15, 5:51 pm

I agree with Attorney Jacobson. You would contact the Register of Wills in the county in which your mother-in-law lived at the time of her death (if this is in PA). Ask to see the estate file if an estate was probated. It should contain a will, if any, and an inventory of assets.

However, why do you assume that the woman would leave anything to your or your daughters absent having a really close relationship? And I doubt it was that close if she died 1 1/2 years ago and you have not heard about an inheritance to date. If an estate was opened the beneficiaries of the estate or heirs get notice.

And your former mother-in-law was under no obligation to leave your daughters anything. If the woman had no will and was survived by a spouse and/or children, then they will inherit her assets. Your daughters would only stand to inherit if their father is deceased. You have no entitlement to an inheritance as you are no longer married to this woman's son. This all sounds harsh but this is the reality, not my personal opinion. There is no obligation of a parent to leave a child or grandchild anything at all.

You also do not indicate what the woman owned and how it was titled. For example, if she had a home owned with a surviving spouse, that would pass automatically at death to the spouse. Other assets, like joint bank accounts or retirement/pension/life insurance/IRA/annuity are also non-probate and do not pass via a will or intestacy if there is a living named beneficiary. So if no estate was probated, it may be because there was nothing to probate.

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Answered on 9/11/15, 1:01 am


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