Legal Question in Wills and Trusts in Pennsylvania

brother dies married but no will who is intitled to estate

Asked on 5/30/13, 10:28 am

3 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

his wife and any children

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Answered on 5/30/13, 11:24 am

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.

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Answered on 5/30/13, 12:45 pm
Kevin Pollock Law Office of Kevin A. Pollock LLC

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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Answered on 5/30/13, 12:54 pm

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