Stepchildren Rights after Stepfather dies

[tboogie]

My mother remarried in 1968. She subsequently passed away in 1985. Her husband, my stepfather has 5 surviving children. I have three siblings. My stepfather moved in my mother's house which remains deeded solely to my mother in 1980. My stepfather also owns two properties of his own in another locality which are solely deeded to him. My stepfather died recently (May 1, 2015) while still living in the house that is deeded to my mother. There is no estate to my knowledge nor did my mother have a will that I am aware of. What rights do we have, meaning, my brother and sisters, with regard to my mother's house and any property that was solely my mothers.

 

[army judge]

My mother remarried in 1968. She subsequently passed away in 1985. Her husband, my stepfather has 5 surviving children. I have three siblings. My stepfather moved in my mother's house which remains deeded solely to my mother in 1980. My stepfather also owns two properties of his own in another locality which are solely deeded to him. My stepfather died recently (May 1, 2015) while still living in the house that is deeded to my mother. There is no estate to my knowledge nor did my mother have a will that I am aware of. What rights do we have, meaning, my brother and sisters, with regard to my mother's house and any property that was solely my mothers.

The PA laws of intestacy apply.

I've reduced the law, as it applies to your situation:


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.

It is important to understand that there are many different scenarios that occur when distributing an intestate estate in PA.

The law of Intestate Succession at 20 Pa.C.S.A. § 2104 provides for two methods of distribution, and which method is used depends on the degree of the relationship of the survivors.

There is "per stirpes" distribution, which is used when the decedent's ancestors are not all in the same degree of relationship, and there is per capita distribution, which is used when all ancestors are in an equal degree of relationship. The confusion that is created in this area is why it is important to sit down with an attorney to discuss the specifics of the family's relationships in the event that a loved one passes on without a will.

It should be noted that before the decedent's estate is distributed, the decedent's debts, taxes, funeral expenses, and the expenses of administration are paid first, just like in PA estates where there is a will.

What remains is what makes up the decedent's distributable estate. It must be pointed out that so-called "will substitutes" such as joint tenancy property, life insurance payable to beneficiaries other than the estate, bank accounts payable on death to specified individuals, etc., will pass in accordance with their terms and will not be part of the decedent's estate to be distributed by the laws of Intestate Succession.

Under these circumstances, the surviving spouse would not be entitled to the first $30,000.00.

I suggest you discuss the situation with a PA attorney.
Why?
There are many variables at play.
The home could have been owned with rights of survivorship, meaning it would pass unencumbered to the survivor on the deed.
That is just one example.
You also don't know if the property has any liens.