Halifax, PA asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania

Q: Do my half siblings (we share a deceased father) have any right to my mother's estate?

I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.

2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
Answered

A: If the parents owned the property as joint tenants with right of survivorship, or as tenants by the entireties, the mother acceded to full ownership of the real property upon the father's death.

If the real estate was owned as tenants in common, and there was no father's Will, the PA statutes on intestacy control, and the mother and children of the father share in what he may have had at death, or was includable in his estate.

Because both died without a Will, most probably your step-siblings (and you) have a share of the real estate, stemming from the father's earlier death, and the sharing of spouse and children at that time.

1 user found this answer helpful

W. J. Winterstein Jr.
PREMIUM
Answered

A: (Continued) If your mother took full title at your father's death (joint tenancy or tenancy by entireties at his death), then at the later death of mother, you as only child took the entire real estate.

Speak to an experienced PA lawyer about your issues, and share the prior Deeds and estate proceedings, if any.

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.