York, PA asked in Elder Law, Estate Planning and Probate for Pennsylvania

Q: My boyfriend lives with his grandfather. His grandfather does not have a will.

Just trying to get some advice. My boyfriend lives with his grandfather. His grandfather has no will and was just diagnosed with stage 4 brain cancer. We live in PA so there's no next to Kin laws. He does own a house but with mortgage. His mother and Aunt believe they can come in and take anything they want to sell even though my boyfriend lived with his grandfather his whole life in the same house now. My boyfriend is not on the deed just his late grandmother and his grandfather. Is there anything my boyfriend can do to stop his mother and Aunt from taking stuff or even trying to get the house? Any help would be appreciated

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

A: I am not sure what you mean when you say that Pennsylvania has no next of kin laws. There is a statute, commonly called the Intestacy Act, which provides what happens in an estate where there is no Will. In the circumstances you have described, if the grandfather has no Will, all of his assets would pass to his surviving children. If the mother and aunt are the daughters of the grandfather and, furthermore, are the only surviving children, they would be entitled to the grandfather's entire estate. Under those circumstances, your boyfriend would have no rights. The fact that he lives, and has lived, in the house with the grandfather is totally irrelevant. If the grandfather would prefer that everything pass to your boyfriend, the grandfather would be best advised to engage a lawyer and have the lawyer prepare a Will for the grandfather, if the grandfather is still competent, as quickly as possible.

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