Lancaster, PA asked in Probate for Pennsylvania

Q: If my father dies does his wife get everything if he doesn't have a will. I'm his son from a previous marriage.

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1 Lawyer Answer
Stephen M. Asbel
Stephen M. Asbel
  • Estate Planning Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: If your father was a resident of Pennsylvania and did not have a will, the Pennsylvania intestate succession law would apply. In a situation where the deceased was married and one or more of his children was not also the child of the spouse, then the spouse's share would be one-half of the intestate estate. This refers to assets which your father owned by himself which do not have a beneficiary designation. Assets which he owned jointly with his wife or someone else with survivorship would go to the surviving joint owner outside the estate. Assets which have a beneficiary designation pass outside the estate and go to whomever is designated as beneficiary.

Michael Cherewka agrees with this answer

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