I recently found out my father died 16 months ago in Pennsylvania. Do I have a legal claim on his estate if he did not have a will?
Question Details:
I have had no contact with my father in 20 years. I just found out he died. I am probally not in his will if he had one. Do I have any legal claim on his estate as his only child?
If your father died with a Will and you are not in the Will, you have no claim unless you can show that the Will was not valid because of fraud, forgery, or undue influence. More interesting is the possibility that there was no Will, in which case you would be entitled to all or a portion of your father's asssets, depending upon his marital status at the time of his death. I would be happy to discuss all of this with you at no charge if you want to give me a call.
If your father did not have a will, then Pennsylvania intestate laws apply regarding distribution of your father's personal and real property. If your father has a surviving spouse, that spouse and you would split a certain portion of the property. But if there is no surviving spouse, only you, then you would inherit all your father's property.
If your father did have a will, then the terms of his will would apply. For example, if he left you nothing, then you would not be entitled to anything.
