Full question:
My uncle executed a will before his death in which he bequeathed all his properties to his daughter. Nothing was left in his will for my aunt. Can she claim any of his properties?
- Category: Wills and Estates
- Date:
- State: Pennsylvania
Answer:
Yes, your aunt can claim one-third of the probate estate. Additionally, any property your uncle transferred within one year before his death, exceeding $3,000 per recipient, may be included in the probate estate. However, life insurance and employee benefits are not part of this estate.
Your aunt must make her election in writing and submit it to the clerk of court within six months after the executor is appointed. For more details, refer to 20 Pa.C.S. § 2203 regarding the right of election for a surviving spouse.
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