Ebensburg, PA asked in Real Estate Law and Probate for Pennsylvania

Q: Pa. Father dies during divorce decree (final order 2008) cause has been established more than two years separated

Legal division of assists. Father gets homestead he dies 30 days before order is distributed. Mother is benefactor of his will, she is informed in 2010 hearing that she cannot inherit or take elective share due to final divorce decree. Mother dies in 2015 father died 2008. C3 children get fathers house per divorce decree. Executor comes along in 2016 for mother’s estate claiming owner ship of fathers house lower court gives it to them. House now in mother’s estate will does not name this property but there is clause any real or residual remaining .. would this cover fathers house or would it be an intestate . And the lower court erred in allowing mother’s executors to intervene since 2 final orders granted children house and executor s did not appeal final orders.Executors should have no standing on fathers house?

Related Topics:
1 Lawyer Answer
Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: ..."Executor comes along in 2016 for mother’s estate claiming owner ship of fathers house lower court gives it to them." The house would go to mothers ..."real or residual remaining"....

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.