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My grandmother owned land in PA - will never probated - now what

Pleasantville, NY |

we only have a copy of her will - will never probated - she left everything to her one daughter and the other daughter was never a part of her life - now this daughter's sons say that accordining to PA law they get half - my grandmother moved to NY and so did her one daughter who was named in the will
cannot find original will - lawyer is dead and cannot find his paperwork and both daughters are dead - leaving me the granddaughter who live in NY to fight for the land. The sons say that since the will was not probated - they get half

Attorney Answers 3

Posted

If there is no will then the assets will pass by the laws of intestacy in the state where the decedent resided at her death. You would be well served to speak with an estates attorney to know what to do and protect your inheritance. You cannot handle this on your own and without a will the sons may have a valid legal position.

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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1 lawyer agrees

Posted

I agree with Mr. Fromm's answer. You need to seek estate counsel in PA who can advise you appropriately.

It would appear that if no Will is located, then the Estate must be done by an Administration, which then could put the sons in line of succession to some degree, depending upon a number of variables, which is why you need to consult with an attorney soon.

Good luck.

You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com. This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.

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Posted

Most states also have a limited number of years by which you need to have a Will probated. Maine, for example, is three. If the land is in NY, NY law applies. If a Will isn't probated within the required time, intestacy law applies. If your grandmother died without a spouse or parents, her estate generally goes to her children. If children died after grandmother, then their Wills apply as to who gets their interest. If children died before grandmother, then their share goes to their children. As you can see, this can get very complicated. You will need to involved the probate court. Good luck.

Legal advice depends upon the particular facts of a given situation. Please use my answers as general information but not legal counsel.

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