Pennsylvania estate law question

In My Humble Opinion
1

A relative who is a Pennsylvania resident has a will that was written in the 1970s. It mentions named property (specific cars, house, etc.) that he no longer owns. His wife is also dead.

The will designates that all the assets should go to one spouse upon the other spouse’s death, or, if both are dead, to the estate.

With the assets going to “the estate,” how does this impact his surviving children (from that same marriage; no divorces, remarriages, or other complications)? Do they split everything equally? Or do other relatives (his younger sibling, for example) also get a portion?

I ask because I’ve only ever encountered people who keep better-constructed and frequently updated wills that designate every heir by name, rather than leaving things up to “the estate.” Since PA is one of the few states with inheritance taxes, I wasn’t sure if they also had some other odd estate rules I was unaware of (that would require partial distribution to heirs besides the children, for example).

2

Unfortunately, any advice you get here will be suspect. Anyone with actual ability to respond to your question (an attorney from Pennsylvania) won’t respond to a message board question. However, you should be able to find an attorney to answer your question for a modest fee.

3

1970s ? It would be nice if they had updated their will. Are we sure that’s the latest? One reason a safe deposit box isn’t the best place to store a will, guess what happens when someone dies? That’s right - the bank closes down the accounts and restricts access to a safe deposit box. The executor or executrix can get in, but… that’s the kind of thing spelled out in the will.

4

If he didn’t mention children in the will, I would guess the Intestate rules would apply. These are the default rules for a state of how to distribute the estate if someone does without a will. It looks like the kids get everything in Pennsylvania.

5

[Moderating]
Let’s move this legal advice to IMHO.

6

No kidding. A friend of mine ran into that exact situation… or nearly did.

His mother passed. He was power of attorney so had access to the bank accounts and the safe deposit box (where the will was kept). Unfortunately, power of attorney ceases when the person dies.

So he was now executor. But he could not prove he was executor because the will showing he was executor was in the safe deposit box that he could not access because he could not prove he was executor.

A kindly bank employee told him “I understand your mother is NOT WELL at this time, and you wish to access the safe deposit box, right? RIGHT?”

Otherwise it would have involved a great deal of red tape for all involved.

7

My mother had my brother and me added to the list of those with permission to access their safe deposit box. (Although I think the only key is on my mother’s key chain.)

8

If there are no people mentioned in the will that are still living, then this statute would apply (with all the usual this is not legal advice, talk with an attorney in PA, , etc.):

Title 20, Chapter 21, § 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.

**(2) Parents.–**If no issue survives the decedent, then to the parents or parent of the decedent.

**(3) Brothers, sisters, or their issue.–**If no parent survives the decedent, then to the issue of each of the decedent’s parents.

**(4) Grandparents.–**If no issue of either of the decedent’s parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side.

**(5) Uncles, aunts and their children, and grandchildren.–**If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to taking in different degrees).

**(6) Commonwealth.–**In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.

9

You should definitely check to see if that permission ends with the death of the account holder. Some banks are really pissy about this. In fact, when dealing with estates, I’ve found that banks are the absolute worst. I had to explain the laws to a bank manager, and explain why he could not deny me, the executor, access to the accounts to pay funeral expenses. I asked him if he’d like a link to the relevant legal statue or alternatively a strongly worded letter from (large legal firm) who was representing the estate.

10

Thanks for the warning. I’ll check.

11

Thank you—this seems to be the right track. So it looks like it only goes to siblings, etc., if there are no surviving issue.

12

Get it in writing. I’ve had 6 different opinions from 4 different bank employees at one point.

13

My mother and I went through the same last fall. Rather than add me as an authorized user of the box, the bank closed the SDB account and reopened it as a joint account so that I was guaranteed access when needed. No change to the physical box, she just gave me the second key.

Most importantly, her will is in the vault at the law office where my dad used to be a partner rather than in the box.

14

Fortunately, I knew this, and first cleared out the box , then told them Dad was dead.