Windsor Mill, MD asked in Estate Planning for Pennsylvania

Q: My Dad died in 2014 and my mom has not set up estate.I hear my kids are left money.

My parents didn’t get along but remained married. I was told my mom went to settle but didn’t becuase my Dad left most of money to my kids.My father passed in 2014 and I just wanna know how I find out. Not a fan of disputes but it’s a nice sum of money and just sitting. My sister Ibelieve was also left money for her wedding and Need to know as she is engaged. Thanks in advance

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2 Lawyer Answers
John B. Whalen, Jr.
John B. Whalen, Jr.
PREMIUM
Answered
  • Estate Planning Lawyer
  • Wayne, PA
  • Licensed in Pennsylvania

A: Hello ...

My condolences ... You're best first step is to check with the Register of Wills in the County where your father passed away ... That information is public knowledge ... The people at the Register of Wills are very helpful and can answer most of your non-legal questions (they cannot give out legal information ...

Also - ask your mother ... Maybe I am missing something, but it sounds like she would have information also ...

Good luck ...

John

Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: I assume from your question that your dad had a Will. You need to find it and determine who was named Executor/Executrix. That person needs to open an estate. If your mom was named and she will not do it, you need to get a lawyer and have her renounce or be legally removed.

If you cannot find a Will, you will need to get a lawyer to open an estate and have you named as Administrator.

Your mom is entitled, by law, to one-third of the estate, even if she was completely cut out of the Will, if your dad died in Pennsylvania and this would be a Pennsylvania estate.

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