Experienced Assistance With Intestate Estates

Estate planning is often perceived as a consideration for only the wealthy or elderly. This misconception, combined with the uncertainties of the future and procrastination, can lead to death without a last will and testament in place.

I am attorney James S. Vergotz. Working with individuals and families across western Pennsylvania, I understand the reservations you may have on estate planning. However, creating a will ensures that your property will be distributed according to your wishes, rather than the laws of the state.

How Pennsylvania Divides Property Without A Will

When an individual dies without a will, they die “intestate.” The laws of the state of Pennsylvania control the distribution of the property and assets of intestate estates, requiring them to go through the probate process. The first step of the process is to identify and locate all possible heirs to the deceased.

Once identified, the property and assets of the deceased individual will be divided to heirs as follows:

• Survived by spouse and all descendants or both spouses. The spouse will receive the first $30,000 of the estate plus one half of the value of the estate’s assets. The descendants will then inherit the remainder, split equally among them.
• Survived by spouse and descendants of not both the spouse and the deceased. If any children or grandchildren are not descendants of the surviving spouse, the spouse will inherit one half of the estate and the descendants will inherit the remainder, split equally among them.
• Survived by just spouse. The spouse will inherit the entire estate.
• Survived by just descendants. The descendants will inherit the entire estate.

Depending on the surviving heirs of the deceased, there are numerous other situations.

Why Create A Will?

Intestacy laws have little room for adjustment. Additionally, as the distribution guidelines are formulaic, it may not be the distribution you would have preferred. Lastly, and most importantly, your own wishes will not dictate the distribution of your property. Instead, the assets will be distributed according to the state’s guidelines.

Contact An Estate Planning Lawyer

If your loved one has recently passed away without a will, I can assist throughout the probate process. Licensed in both Pennsylvania and Florida, I can manage estate administration for those with property in both states.

Contact my Pittsburgh office to learn more on the services I provide. Call me at 412-366-0510 or send me an email.

I offer flexible scheduling for those in need of appointments outside of work hours. I can also visit homes.