Philadelphia, PA asked in Probate for Pennsylvania

Q: Father died 7 years ago intestate. What entitlements do the surviving adult children have as compared to the spouse?

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1 Lawyer Answer
  • Estate Planning Lawyer
  • Cary, NC
  • Licenced in Pennsylvania

A: Father died long ago. Why is this an issue now? His probate assets would have been divided at the time of his death between his surviving spouse and his biological or adopted children. You do not indicate what probate assets there were or how the asset were titled.

Shares of surviving spouse and children are set forth below, assuming estate of father was in PA:

20 Pa.C.S.A. § 2102. Share of surviving spouse

The intestate share of a decedent's surviving spouse is:

(1) If there is no surviving issue or parent of the decedent, the entire intestate estate.

(2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in...

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