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dad died without will and his new wife is taking everything

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miaahava

Junior Member
What is the name of your state? PA My father died 2 weeks ago. He had no will. he is survived by his second wife of 4 years and myself and my 2 sisters. his wife is taking everything that my dad left, his house, life insurance, his retirement fund, and everything he owned a few cars and tractors he left behind a respectable amount of money as well. his wife doesn't want us to get anything. i'm devastated i don't know what our rights are. and in the meantime she's blowing all of my fathers money. he died suddenly of a heart attack. is there anyway me and my sisters can stop his wife from taking all of my fathers estate? Please Help
 


anteater

Senior Member
Keep in mind that, if they owned assets jointly with right of survivorship or upon which she was the designated beneficiary, then those assets are now her's.

With no will, you and your sisters would be entitled to a share of whatever your father owned solely.

§ 2102. Share of surviving spouse.
The intestate share of a decedent's surviving spouse is:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate.

(2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230).

(3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate.

(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.

(5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).

§ 2103. Shares of others than surviving spouse.
The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order:
(1) Issue. – To the issue of the decedent......
Your best bet is to retain an attorney, file to open probate, with one or more of you applying to be named peronal representative(s) of the estate.
 

momm2500

Member
as for the life insurance, if wife of 4 years is listed as the beneficiary then she gets that money free and clear and does not have to distribute it to anyone. if you can, contact the insurance company and find out who the beneficiary is if you do not feel comfortable with everything going to her. in PA, all items do go to surviving spouse.
 

miaahava

Junior Member
dad's estate

thank you for the positive input and to aanubis my father died suddenly and i know that he wanted to leave to us adult children a share in his estate he told us that before he died just died before he got a chance to make out a will. and the wife isn't my mother so naturally yes i want to get as much as i can out of his estate. why should she profit so much from my fathers death? they were only married 4 crumy years who is she anyway? i'm 31 and my father loved me and looked after me and my sisters all of our lives. the really weird thing is that his new wifes first husband also suddenly died 7 years ago. and not even after a week my dad died and she went on vacation to a raffle ? what the heck is that? she's supposed to be mourning the loss of my father her so called husband and she's out blowing all of his money. i'm suspicous. who knows.:confused:
 
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anteater

Senior Member
... in PA, all items do go to surviving spouse.
I am not certain what you mean by "all items." But, as a general statement, that is not correct if the decendent died without a will. The only circumstance in which the surviving spouse inherits the entire intestate estate is if the decedent is not survived by children or parent(s).
 

anteater

Senior Member
thank you for the positive input and to aanubis my father died suddenly and i know that he wanted to leave to us adult children a share in his estate he told us that before he died just died before he got a chance to make out a will. and the wife isn't my mother so naturally yes i want to get as much as i can out of his estate. why should she profit so much from my fathers death? they were only married 4 crumy years who is she anyway? i'm 31 and my father loved me and looked after me and my sisters all of our lives. the really weird thing is that his new wifes first husband also suddenly died 7 years ago. and not even after a week my dad died and she went on vacation to a raffle ? what the heck is that? she's supposed to be mourning the loss of my father her so called husband and she's out blowing all of his money. i'm suspicous. who knows.:confused:
I suspect what aanubis was trying to do was to deliver to you a swift kick in the rear. Forget all the rants about what you think that your father wanted and what a lout your father's wife is. Get on with the business of establishing your and your siblings' rights.

Your best bet is to retain an attorney, file to open probate, with one or more of you applying to be named personal representative(s) of the estate.
 

anteater

Senior Member
what is a joint tenant on a deed of a house mean?
Generically, it simply means that there is more than one owner. Is there any further wording regarding the form of ownership? Such as "with right of survivorship" or "by the Entirety"?

My understanding is that PA law makes the assumption that a joint tenancy between spouses is tenancy by the entirety. Therefore, when one spouse passes away, the other spouse becomes owner by operation of law. But that is something that should be reviewed by a PA attoreny.
 

miaahava

Junior Member
thank you anteater for your attention. my sister has contacted an attorney in PA and they checked the deed of the house and said it has a joint tenant title. she's waiting for the lawyer to call her back. so does that mean that we can't claim some ownership on my dad's half of the house? and i talked to my father's wife and she said that she made out a will already, is that legal? can she do that? she point blank told me that she doesn't want to give us anything.
 

anteater

Senior Member
...so does that mean that we can't claim some ownership on my dad's half of the house?
Given ownership as joint tenants, that would be my understanding, but confirm with the attorney.

...and i talked to my father's wife and she said that she made out a will already, is that legal? can she do that? she point blank told me that she doesn't want to give us anything
She is free to make/revise her will at anytime. She is free to leave what she owns to whomever she chooses. Any rights that you may have pertain to your father's estate; not her's.
 

fairisfair

Senior Member
Generically, it simply means that there is more than one owner. Is there any further wording regarding the form of ownership? Such as "with right of survivorship" or "by the Entirety"?

My understanding is that PA law makes the assumption that a joint tenancy between spouses is tenancy by the entirety. Therefore, when one spouse passes away, the other spouse becomes owner by operation of law. But that is something that should be reviewed by a PA attoreny.
actually both forms of title pass the ownership to the surviving joint tenant.

The difference is that by the entirety is a form of joint tenancy available only between married persons and is one that prevents one party from separating and dealing with their portion of ownership singularly.

Which obviously could NOT happen or be a factor if one if them was dead.
 

momm2500

Member
Joint tenancy in Pennsylvania takes three basic forms:

The most uncommon form of joint tenancy today is Tenants-in-Common (often abbreviated as TEN COM). This form of joint tenancy states that each owner has an undivided interest in the property, which when he or she dies, will pass on to his or her heirs. TEN COM does not avoid probate. But, unlike joint tenants with rights of survivorship, the joint tenants can specify a percentage each owns (i.e. 60% and 40%). PA Inheritance tax is due on the death of the tenant and is based on the value of his or her percentage ownership. Creditors can reach your entire percentage interest.

The most common joint tenancy today is joint tenancy with rights of survivorship (often abbreviated as JTWS). JTWS states that each joint owner owns an undivided equal joint interest in the property. When one joint owner dies the remaining joint owner(s) get his or her share and pay PA Inheritance tax on it. The one who lives the longest gets the whole pie. This form of ownership avoids probate except in the case of the last owner to die. Creditors can reach the entire account if they can show that any one person could have withdrawn all the money at one time without the permission of the other owners.

If you are husband and wife and you own property together you own it as Joint Tenants by the Entireties (often abbreviated as JT ENT). It works the same way as JTWRS except that there can only be two owners, a legally married husband and wife. There is also an added special feature to this type of ownership. The debts of one spouse cannot be a lien on property that both spouses own together. If the spouse with all the debt dies first, the surviving spouse keeps all the JT ENT assets free and clear of liens.

Whenever you add a name to property so that there is more than one owner you are creating joint tenancy. How you establish the joint tenancy has a lot to determine if it is TEN COM, JTWS or JT ENT. As said earlier the presumption for husband and wife is JT ENT. But if you add the name of a son, daughter or some other third party to your asset, the tenancy is automatically converted to JTWRS. As soon as this happens you lose the protection you get from creditors and should a spouse die with debt, or your third party have financial difficulty, their problems are now your problems.

Another problem with TEN COM and JTWRS is that you lose some control over your asset. If you want to sell your stock, house or liquidate your bank account, you made need the signature of the other joint owners. If only one won't consent or cannot consent because of a physical infirmity, you cannot do what you want to do.

Finally, joint tenancy can interfere with your estate plan. Because JTWRS assets do not pass through your estate, the provisions of your will do not control how the assets are distributed. For example, you have a will that states all your assets upon your death go to your spouse, and if he dies first to your four children, share and share alike. Your husband dies, and as you get older, you add the name of your daughter to your bank accounts, because she lives close by and can help you with the day to day bill paying and so forth.
 

miaahava

Junior Member
i'm back at square one cause my sister's lawyer that started to work on the case isn't returning her calls at all. problem is i'd do it myself but i'm overseas. can i still get a lawyer on the case if i'm not in the states? thanks:)
 

fairisfair

Senior Member
i'm back at square one cause my sister's lawyer that started to work on the case isn't returning her calls at all. problem is i'd do it myself but i'm overseas. can i still get a lawyer on the case if i'm not in the states? thanks:)
yes, why would you need to be here now?
 

fairisfair

Senior Member
Joint tenancy in Pennsylvania takes three basic forms:

The most uncommon form of joint tenancy today is Tenants-in-Common (often abbreviated as TEN COM). This form of joint tenancy states that each owner has an undivided interest in the property, which when he or she dies, will pass on to his or her heirs. TEN COM does not avoid probate. But, unlike joint tenants with rights of survivorship, the joint tenants can specify a percentage each owns (i.e. 60% and 40%). PA Inheritance tax is due on the death of the tenant and is based on the value of his or her percentage ownership. Creditors can reach your entire percentage interest.

The most common joint tenancy today is joint tenancy with rights of survivorship (often abbreviated as JTWS). JTWS states that each joint owner owns an undivided equal joint interest in the property. When one joint owner dies the remaining joint owner(s) get his or her share and pay PA Inheritance tax on it. The one who lives the longest gets the whole pie. This form of ownership avoids probate except in the case of the last owner to die. Creditors can reach the entire account if they can show that any one person could have withdrawn all the money at one time without the permission of the other owners.

If you are husband and wife and you own property together you own it as Joint Tenants by the Entireties (often abbreviated as JT ENT). It works the same way as JTWRS except that there can only be two owners, a legally married husband and wife. There is also an added special feature to this type of ownership. The debts of one spouse cannot be a lien on property that both spouses own together. If the spouse with all the debt dies first, the surviving spouse keeps all the JT ENT assets free and clear of liens.

Whenever you add a name to property so that there is more than one owner you are creating joint tenancy. How you establish the joint tenancy has a lot to determine if it is TEN COM, JTWS or JT ENT. As said earlier the presumption for husband and wife is JT ENT. But if you add the name of a son, daughter or some other third party to your asset, the tenancy is automatically converted to JTWRS. As soon as this happens you lose the protection you get from creditors and should a spouse die with debt, or your third party have financial difficulty, their problems are now your problems.

Another problem with TEN COM and JTWRS is that you lose some control over your asset. If you want to sell your stock, house or liquidate your bank account, you made need the signature of the other joint owners. If only one won't consent or cannot consent because of a physical infirmity, you cannot do what you want to do.

Finally, joint tenancy can interfere with your estate plan. Because JTWRS assets do not pass through your estate, the provisions of your will do not control how the assets are distributed. For example, you have a will that states all your assets upon your death go to your spouse, and if he dies first to your four children, share and share alike. Your husband dies, and as you get older, you add the name of your daughter to your bank accounts, because she lives close by and can help you with the day to day bill paying and so forth.
Nice cut and paste. Perhaps next time you might just provide the link??:rolleyes:

http://www.seniorsresourceguide.com/articles/art00009.html
 

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