My step-father has no will

[pa4428]

What is the name of your state? PA
My step-father has no will. He is suffering from cancer and refuses to talk about the subject with my mother. She lives with him in the house that he bought. So he owns the land and the house, her name is not on anything. They are married. Since he won't talk about a will with her, she would like to know what would happen in the case that he should die without having a will. Would she get the house and the land or would it go to his children or any other of his family? Any advice would be greatly appreciated.

 

[anteater]

How step-father's assets are titled, like the home and land, would dertermine whether they are part of his probate estate. But here are the rules for an intestate estate in PA where there is a surviving spouse:

§ 2101. Intestate estate.

(a) General rule. - All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter, except as modified by the decedent's will.

(b) Modification by decedent's will. - A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which the individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.

§ 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;

(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).