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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55314
Experience:  29 years of experience practicing law, including tax and estate planning.
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My wife passed away 2yrs ago since then both her parents

Customer Question

my wife passed away 2yrs ago since then both her parents have died. now her sisters are selling their house are her children entitled to anything from the sale. I far as I know there is no will.\
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 year ago.

Hi Bob. Yes, your children are entitled to your deceased wife's share (1/3) and will divide her share equally. When there is no will, then the parent's children would inherit equally when there is no surviving spouse. If one of the children predeceases, then that deceased child's share gets divided by the deceased child's children. The following PA statute specifically so provides:

"§ 2104. Rules of succession.

The provisions of this chapter shall be applied to both real and personal estate in accordance with the following rules:

(1) Taking in different degrees.--The shares passing under this chapter to the issue of the decedent, to the issue of his parents or grandparents or to his uncles or aunts or to their children, or grandchildren, shall pass to them as follows: The part of the estate passing to any such persons shall be divided into as many equal shares as there shall be persons in the nearest degree of consanguinity to the decedent living and taking shares therein and persons in that degree who have died before the decedent and have left issue to survive him who take shares therein. One equal share shall pass to each such living person in the nearest degree and one equal share shall pass by representation to the issue of each such deceased person, except that no issue of a child of an uncle or aunt of the decedent shall be entitled to any share of the estate unless there be no relatives as close as a child of an uncle or aunt living and taking a share therein, in which case the grandchildren of uncles and aunts of the decedent shall be entitled to share, but no issue of a grandchild of an uncle or aunt shall be entitled to any share of the estate."

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