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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42828
Experience:  Texas lawyer for 30 years in Estate law
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My grandmother passed away several years ago and my father

Customer Question

My grandmother passed away several years ago and my father was the benificary. He has now passed away.My mother is still alive. Is she the legal heir to the estate now or can I claim it?
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You would need to open probate for your father.Your fathers share passes to his legal heirs.

It appears your mother and you are heirs.

  • spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance
  • your descendants inherit everything else--if you are only sibling here you get this share

You and mother here need to make application for probate to claim grandmother's assets.You are the heirs.You or your mother can be appointed personal representative.The RP here pays claims, divides up the property or sells it and then divides up the funds after everything including the lawyer has been paid.

Expect this process to take about a year to complete administration and divide everything up here in PA under the probate laws.Estate will pay fo r the lawyer but you will need to hire one for the estate..

Lawyer referral by city..

Expert:  RayAnswers replied 2 years ago.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.