Legal Question in Wills and Trusts in Pennsylvania

In the state of PA. if you're dad dies without a will and he lived with a women but never married to her. What is the extent of your rights to his personal belongings and are you able to take a police officer with you to force her to give you his things?


Asked on 12/20/10, 6:41 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If a person dies without a will, there is a PA law [Intestate Succession] that dictates who the heirs are. Unless the woman was his legal spouse, she does not inherit.

You cannot "enforce" using a police officer. Your father's estate must be administered by a relative seeking appointment by the Register of Wills in the county where your father resided, as personal representative of the estate. The personal representative has the responsibility for determining all debts and assets, paying any taxes due and paying off the debts before any assets may be distributed to the heirs.

You and your family should try to negotiate with the woman who lived with your father about the personal property - some of which may be hers. If the house was owned by your father, you may decide to permit her to continue to live in the house and pay rent and other expenses associated with the house, to the estate, in exchange for her letting go of any personal property in the house. You may discover that the house was owned by both of them jointly, so that she automatically became the owner when he died.

Again, you may not force her to do anything, with or without a police officer. The police will not get involved without a court order showing your right to take any action.

You and your family should consult an estates lawyer to help with the estate administration and, if the woman is not cooperative, to assist you in dealing with her.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/25/10, 9:18 pm


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