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My friend who lives in Pennsylvania recently lost her husband and is survived by 3 adult children from a previous marriage. At the time of her husvand's death he did not have a written will. As the surviving spouse is she entitled to any of her husbands estate or do the surviving children entitled to everything? Thank you R
State/Country relating to Question: Pennsylvania Already Tried: She was told that she was only entitled to the first 3500.00 from the sale of estate. Then what was left from the sale of the estate would be divided equally amongst the 3 surviving children. However when she initially talked to a lawyer she was told she was entitled to the first 30,000 then the remaing money would go to the surviving step children.
Thanks for your question. Dying Without a Will - the law of Intestate Succession in Pennsylvania What happens if I die without having a PA will? What happens if I have a will and it does not dispose all of my property? Will the Commonwealth of Pennsylvania get everything? These are common questions, and this article will hopefully clear up some common misconceptions. " A person who dies without a will in PA is said to have died “intestate.” When this occurs, a common misconception is that the state will take everything. However, in most cases, this is untrue. The Commonwealth of Pennsylvania has developed a set of laws which guide the disposition of a person’s property if he or she dies intestate or if all his or her property is not disposed of by a will. These laws are commonly referred to as the law of Intestate Succession in PA, and they can be found at 20 Pa.C.S.A. § 2101 et seq. These laws spell out who gets what in these situations. In general, whether a person can be an heir depends on his or her relationship to the deceased." The law is laid out quite simply. If the decedent is survived by a spouse, the amount he or she will receive varies depending on which other relatives of the decedent also survive. The law controlling what portion of the decedent’s estate the surviving spouse receives can be found at 20 Pa.C.S.A. § 2102. It can be summarized as follows: * Surviving children. If the decedent was survived by his or her spouse and had surviving children, all of whom were also the surviving spouse’s children, the surviving spouse will receive the first $30,000.00 of the estate, plus one-half of the remaining estate, if any. However, if the decedent was survived by his or her spouse and had surviving children, at least one of whom was not also the surviving spouse’s child, the surviving spouse will only receive one-half of the estate. Under these circumstances, the surviving spouse would not be entitled to the first $30,000.00. The reason for the difference in these two scenarios is that the law presumes that the surviving spouse will care and provide for children of his or her own, but does not make the same presumption for children that are not his or hers. Regardless of how the child was treated by the surviving spouse during the decedent’s lifetime, the legislature did not want to take the chance that that child would not be provided for after the decedent’s death."
So this applies to children even if they are over the age of 21?
Age would not matter.child is a child..
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