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.

Related Topics:
1 Lawyer Answer
Stephen M. Asbel
PREMIUM
Stephen M. Asbel
Answered
  • 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

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.