Legal Question in Wills and Trusts in Pennsylvania

Did your grandmother have a husband who was alive? Did your grandmother live in Pennsylvania?

All states have intestacy laws (intestate means dying without a will). In Pennsylvania, if your grandmother had no spouse, then her property would go to her children in equal shares. If one of the children predeceased her (your father in this case), then the share of the dead child will go to his children. So you and your siblings would be entitled to your father's share.

You do not indicate what your grandmother owned, whether it would or would not be a probate asset or anything else. Since there is no will, I suggest that the children get together and decide which of them is best in a position to administer an estate. Ideally, it should be someone who is good at handling money and who resides the closest to the county/state your grandmother lived at the time of her death. That person should then go speak to the clerk of the probate court (probate courts go by different names in different states - in PA, it would be the register of wills at the Orphan's Court). The person needs to get an application for letters of administration and should have an idea of what your grandmother owned. He/she should find out if he/she needs to probate an estate. If so, then he/she needs the information. The administrator might also want to consult with a local probate attorney. Many estates are small and not terribly complicated. However, the administrator should at least get a consult with a probate attorney if is affordable as clerks cannot usually give out legal advice and the administrator can be fully informed of what needs to be done and the responsibilities as well as learning who gets what.

If there is no Will then the PA intestacy law will apply. There are too many facts that need to be known, such as the value of the estate and who the heirs are, to give you a good answer as to what to do. The closest next of kin should contact a lawyer to see if an estate needs to be opened and which heir should do it. Feel free to contact me for a no cost, no obligation consultation. (800) 433-9700