Full question:
We have a problem my dad died and was married to a second wife after his first wife died. Surviving is 5 kids of my dad. He owned a house the deed is in his and his first wife's name. The actual house sits half on one of the son's property line. There are a lot of belongings that are owned by my dad: 3 cars, 1 backhoe and a lot of tools. What can we do? The ex and kids don't get along.
- Category: Real Property
- Date:
- State: Pennsylvania
Answer:
The answer will depend upon how title to the property is held and how your father's estate was handled.
If your father's property was settled in probate giving property to his wife, she and her heirs would be the owners of all the land and its improvements (things that are attached to the land such as a house). Items of personal property that belonged to your father at the time of his death would also be handled through the probate process. If he had a will, the will would have stated who inherited items such as tools, cars, etc.
If the will stated that only his children would inherit the property, then the children would have the right to collect the items. However, theymay need the assistance of the probate court if they are denied access to the items.
If your father died without a will, the probate court would decide inheritance pursuant to the intestacy laws of Pennsylvania.
http://ftp.resource.org/courts.gov/c/F3/189/189.F3d.377.97-1994.html
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
