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Father passed away, no will.

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crazy_beautiful

Junior Member
Just a little background information before I start: My father passed away after a very short illness on September 25th, 2008. He left no will & no instructions at all. Him & my mother were divorced & my father was remarried. His wife & I never really got along, but I wasn't expecting my father's illness so we never discussed who gets what if something was to ever happen to him.

I had a few belongings of mine in their house (things that were left to me in my grandparent's wills). My grandfather left (in his will) a stamp collection to me & two of my cousins, which was sold for $1,500 and we split it three ways, so we each got $500. I never received my $500, but my cousins have. Also, I have many savings bonds that I never received & am unable to trace for some reason. (amounting to over $500). I understand that a parent is allowed to cash in a child's savings bond because of financial hardship. Is this true? Anyway, my grandfather's will stated that the contents of his house should be divided between his 3 children, their wives, and their children. I got a bed & a chair that have significant sentimental value. But those are being kept in the house where my father & stepmother lived before he passed. My dad also had a storage unit where he kept things of mine from my childhood such as my crib, stuffed animals & pictures. She called me a few days after my Dad's funeral & told me to come pickup my things, which I wasn't able to do because I would have needed a truck to pick up the bed & the chair & I didn't have access to a truck at the time. Then, when I was able to get a truck to use, I called her to make arrangements to pick up the items & she claimed to know nothing of the items that are due to me. I really wish we would have talked about me going to pick up the items through e-mails, but I had no idea she was going to try and pull a fast one.

I was just reading the Intestate Succession in Pennsylvania & it states that if the decedent was survived by his or her spouse and had surviving children, at least one of whom was not also the surviving spouse's child, the surviving spouse will only receive one-half of the estate. Under these circumstances, the surviving spouse would not be entitled to the first $30,000.00 that s/he would have been entitled to had the child(ren) been both of theirs biologically. What does this mean to me?

Can someone please tell me what options I have to get my money &/or belongings back? If I need to go to court, I'm sure I'll need to bring a copy of my grandfather's will & proof of the savings bonds (if I can get them)- is there anything else I need to bring?

I live in Delaware & she lives in Chester County Pennsylvania, in case that matters.
 


anteater

Senior Member
I was just reading the Intestate Succession in Pennsylvania & it states that if the decedent was survived by his or her spouse and had surviving children, at least one of whom was not also the surviving spouse's child, the surviving spouse will only receive one-half of the estate. Under these circumstances, the surviving spouse would not be entitled to the first $30,000.00 that s/he would have been entitled to had the child(ren) been both of theirs biologically. What does this mean to me?
It means that you and any other children, if there are any, stand to receive 50% of your father's probate estate after estate administration expenses and any debts are paid.

Whether that amounts to anything depends on how he and his wife held title to assets. It is not unusual for spouses to hold assets as joint tenants with right of survivorship (or tenancy by the entirety for real estate) or with the other spouse as a named beneficiary. Assets held in that manner are not part of the probate estate.
 

crazy_beautiful

Junior Member
It means that you and any other children, if there are any, stand to receive 50% of your father's probate estate after estate administration expenses and any debts are paid.

Whether that amounts to anything depends on how he and his wife held title to assets. It is not unusual for spouses to hold assets as joint tenants with right of survivorship (or tenancy by the entirety for real estate) or with the other spouse as a named beneficiary. Assets held in that manner are not part of the probate estate.

That's all well & good but I'm definitely not a human law dictionary, so could you please explain this in terms I could at least attempt to understand? Thanks :)
 

anteater

Senior Member
Joint tenancy with right of survivorship - When an asset is owned by more than one person under this type of ownership, if one of the co-owners passes away, the deceased co-owner's share transfers to the surviving co-owners without having to go through the probate process.

Tenancy by the entirety - This is a type of ownership that is like joint tenancy with right of survivorship, but is limited to ownership between married couples.

Named beneficiary - A beneficiary can be designated for many assets - particularly accounts with financial institutions. Usually it is called a Pay on Death or Transfer on Death designation. Such assets transfer to the named beneficiary(ies) without going through the probate process.
 
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