Legal Question in Wills and Trusts in Pennsylvania

My father died without a will does my mother automatically get everything, annunity, life insurance , car ,house?


Asked on 6/16/12, 6:29 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Her right to the property depends on how it was titled. If she and your father owned the house as tenants by the entirety, it would automatically be hers, whether there was a will or not. Annuities and life insurance often have a designated beneficiary. If she is the beneficiary, it goes to her and is not part of your father's estate.

All other assets, including the annuity and life insurance if there was no designated beneficiary, are part of the estate. The Intestate Succession Law spells out how much a surviving spouse gets and how the rest is divided among her and all other legal heirs. Of course, first, the estate must be probated and administrated, and all debts of your father's and taxes on the estate must be paid. Only what remains is distributed to the heirs.

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.

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Answered on 6/16/12, 7:16 pm


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