Legal Question in Appeals and Writs in Pennsylvania

my husband past away can my stepson take my to court for his share


Asked on 3/10/12, 6:31 pm

1 Answer from Attorneys

For his share of what? This seems to be a probate question. The problem here is you articulate no facts. Did your husband have a will? What kind of assets were owned by your husband? How were they titled? The answers will affect what your husband's son can inherit.

If your husband had a will and disinherited his son, then the son gets nothing. The son could file an objection, but may not get far if the son does not have grounds. If your husband had a will but included the son, the son gets whatever was left to him in the will after the debts are paid. If, as is more likely, your husband had no will, then you and the son would split the probate assets.

So it then becomes an issue of what assets are in the probate estate. Things like real estate that you and your husband owned as husband and wife, or beneficiary-designated assets, like an IRA or life insurance are non-probate assets. Those things would pass to you if you are the designated beneficiary or a joint tenant on land that you and your husband owned.

From the probate estate, you would have to deduct the family exemption and payments of any bills. Then you and the husband's son (I am assuming that your husband only had 1 son) would split whatever is left.

My advice would be to seek out a probate law attorney in your area. You may find one here at Law Guru or elswhere - I know there are many in the Pittsburgh area. They can assist you in probating the estate and seeing to it that your step-son gets his share if need be.

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Answered on 3/15/12, 4:42 pm


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