Legal Question in Wills and Trusts in Pennsylvania

ex husband died without a will, who controls the estate for our minor children?

My ex-husband died suddenly. We have two children together ages 14 adn 12. There appears to no will. His sister thinks she will control the estate for my children and collect the social security for them. I need to know what my rights are.


Asked on 12/05/06, 9:24 pm

2 Answers from Attorneys

Bonnie Moses Dessen, Moses & Rossitto

Re: ex husband died without a will, who controls the estate for our minor children?

Please accept my condolences for your recent loss.

My law partner, Sam Rossitto, will be happy to discuss this with you by telephone. Simply e-mail him at [email protected] and give him your telephone number and then the two of you can arrange a free telephone consultation.

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Answered on 12/06/06, 6:17 am
Miriam Jacobson Retired from practice of law

Re: ex husband died without a will, who controls the estate for our minor children?

When a person dies without a will, the PA "Intestate Succession" law determines who will inherit any assets of the deceased. Usually, the current surviving spouse, if any, will share in the estate with all children of the deceased.

Although your former sister-in-law may apply to administer her brother's estate, you, as parent and natural guardian of the children have the right to be informed and to ask for the right to be guardian of the children's assets until they reach the age of majority.

You should consult with an estates lawyer in the county where your ex-husband resided and where his estate should be administered, to make sure that your children's rights are being protected in the estate administration.

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Answered on 12/06/06, 11:00 am


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