Bronx, NY asked in Estate Planning, Family Law, Elder Law and Probate for Pennsylvania

Q: Mom passed away with no will. Has been separated for 10 years. He is incompetent and his family is trying to take estate

They have been separated for 10 years and he was in a accident a while ago and deemed incompetent. She lived a rough last year, and just passed away. His family is now trying to take the estate. What can I do?

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

A: Unfortunately, you need to hire a lawyer. If no divorce action was filed, he is entitled to claim what is called a forced intestate share. He is likely entitled to one-third of the estate.

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