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If a husband inherits an estate from his late parents, & later dies without a will, does the wife get anything from it?

Pittsburgh, PA |

In the state of PA. The couple have a young child.

Attorney Answers 3

Posted

More facts are needed in order to answer this question properly, but assuming the husband inherited assets outright from his parents, and not in trust, and the assets were in his probate estate at the time of his death, and were not in a trust and not held as assets which pass directly to named beneficiaries outside of his estate, and assuming the husband and wife did not enter into a marital agreement providing that the wife waived any interest in those assets, and the wife did not in some way forfeit her right to her intestate share, then she would probably have the right to the intestate share of a surviving spouse. You've stated that the husband was not survived by any parents, and that husband and wife have a child. Pennsylvania's intestate law provides in those circumstances that the surviving spouse is entitled to the first $30,000 plus one-half the balance of the intestate estate.
Disclaimer: This information is for general purposes only and does not constitute legal advice and does not establish an attorney-client relationship. You should consult a qualified estate attorney for specific advice and assistance. Good luck!

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Posted

When a person dies without leaving a will, the laws of intestate success of the relevant state control the disposition of property. Typically a surviving spouse receives the majority or all. The question you want answered is what are the laws of intestate succession in the state the expected decedent lives. YOu might well be able to find those answers online.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Posted

Based on the facts provided, the estate of the husband's parents is now part of the husband's estate. If the husband dies without a will, the property will pass according to PA intestacy laws. You would receive $30,000 plus half of the remainder of the estate. Your child would receive the other half, and the courts would retain your child's share until your child is no longer a minor.

It is important that both you and your husband have a will and other estate planning documents, especially since there is a young child involved. Many lawyers can draft these documents for a reasonable fee. If you would like to meet with an estate planning attorney in Pittsburgh, please feel free to call my office at 412-221-1116.

I wish you and your family all the best.

This answer is for informational purposes only. It is not intended to create an attorney-client relationship and may not be relied upon as legal advice. A careful examination of the facts is necessary before a legal answer may be relied on. You should consult your own attorney before taking or refraining from any legal action.

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