Q: Who recieves money left in a checking account?
Father-In-Law passed away in December, there is only his wife (my mother-in law) and my wife (his daughter) surviving him. My Wife is the executor. There's no mention to where it goes in will. Only thing the will says is that the house is left to his wife (my mother in law) and that his final expense be paid from the estate. There was an estate checking account created where the money was placed. There are no outstanding debts and all expenses have been paid. His daughter (my wife) is concerned with his wife blowing though the money and doesn't want her to have access to it and wants to save it for future in case she (his wife, my mother in law) would run into any major issues health wise and needs it (like needs to be placed in a home). Doesn't she (my wife, the exectutor) have final say with that money?
A:
Under PA law, the appointed executor's duty is to implement the expressed intent of the testator, as expressed in the probated Will.
If an asset of the testator is not disposed or bequeathed by that Will, it is for the Court, not the Executor, to determine the testator's dispositive intent for any unmentioned asset.
I've seen a lot of Wills, and every one had a clause stating that all the rest and residue of the state shall go to [X].
The Executor can, and should, present the issue to the Court for determination of the testator's intent.
A: The language in the Will generally controls who gets the residual of the Estate and how they get the residual. In a case like this a will would generally state...the rest, residue and remainder of my estate shall be distributed to my wife...In the unlikely case where there is no residual clause then the residual will be distributed in accordance with the PA Intestacy Law . For example, if your wife is the child of both your father-in-law and mother-in-law, then the residue would be split first $30,000 to spouse and the balance split evenly between your wife and her mother. Your wife should review this matter closely with her probate attorney, or should hire a probate attorney to assist her in wrapping up this estate. Unless the Will specifically provides a trust for the wife, your wife would need her mother's consent to set her share of the residual aside in a "protected" account
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