What happens if my father died intestate?

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What happens if my father died intestate?

He passed away about 4 months ago I have been named administrator but selection of my siblings. Most of his assets are tied up in his house that we are trying to get ready to sell. Once sold my father wanted the proceeds split up in this way, the first $30,000 to 3 of the siblings including my self, and the balance divided by 4. This is because he lent $30,000 of his pension to one of my siblings while he was alive, this debt was never paid back to him. Since he died intestate will I be able to follow through with his wishes or will the state decide that everything will be split evenly?

Asked on April 25, 2013 under Estate Planning, Pennsylvania

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

I believe you can follow through with your father's wishes and split everything evenly. The share of one of your siblings will include the cancellation of a $30,000 debt, which reduces the amount of cash he or she receives by $30,000. 

The tricky part may be convincing the court that this $30,000 debt really exists and was never repaid. If the sibling who owes the money is cooperating, it's no problem because they will just tell the court. Otherwise, you may need loan documentation or some proof that your father and sibling agreed that the money was supposed to be repaid (instead of just being a gift). 


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