Clifton Heights, PA asked in Estate Planning and Probate for Pennsylvania

Q: My mother recently passed away. I took care of her. I received a letter from an attorney that my mom's uncle died.

She is listed as 1 of the 5 to receive money. Its her 2 brothers and 2 of her sisters kids because their mom died. Would i get what my mother was being left? I am the only child she had. The woman said she would check because of a form that has to be filled out. My mom's sister is deceased and it has her 2 boys listed so it shouldn't be a problem for me? Correct? I live in PA. Please answer need advice

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Probate Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: Whether your mother is a distributee of the uncle's will depends upon how the uncle's will reads. It's common for Wills to include alternate provisions for named heirs who predecease the testator, and your great-uncle's will may well redirect the bequest to your mother when she has passed prior to her uncle.

You need to procure a copy of the uncle's Will to determine whether your mother (her estate) will enjoy a distribution from the uncle's estate. Perhaps your mother will get a distribution, inasmuch as the attorney (for the uncle's estate?) has contacted you. In either event, I strongly recommend that you consult with a PA attorney with experience in probate practice about your uncle's Will.

Michael Cherewka
Michael Cherewka
Answered
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: whether or not you would receive your mother's share will depend on the wording of your uncle's Will and may also depend on whether your mother survived your uncle and then died, or whether she predeceased your uncle. Since you have been contacted by uncle's estate attorney you have been identified as a potential heir, but you will want to get a copy of your uncle's will as soon as you can, and then discuss with a Pennsylvania estates attorney to review the language and determine if you will receive your mother's share of any inheritance.

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