Erie, PA asked in Estate Planning and Probate for Pennsylvania

Q: I have been living with my significant other for 16 years. He recently passed away on July 4 2016 he had two children.

One of the children has not talked to him on 15 years. He had no will can I get administrator of his estate. He has life ins 401k stocks and 2 cars

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1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: In order to be appointed Administratrix, you will need to get the children to sign renunciation forms. You could then sell his cars. The life insurance and 401K will pass based on any beneficiary designation forms your significant other completed. If there are none, they will pass to his estate with the proceeds from the sale of the cars. Anything in the estate, however, will pass to the children, and you will receive nothing from the estate, in the absence of a Will, irrespective of whether or not the children had any contact with him. Consequently, you may conclude that you do not wish to open an estate just to benefit his children.

You will need to consult a lawyer to handle this for you.

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