Thread: What steps do I need to take? (Sorry its so long)

What is the name of your state (only U.S. law)? I live in Delaware, my Dad's wife lives in Pennsylvania.

My question involves estate proceedings in the state of: Pennsylvania

Just a little background information before I start: My father passed away after a very short illness on September 25th, 2008. He left no will & no instructions at all. Him & my mother were divorced & my father was remarried. His wife & I never really got along, but I wasn't expecting my father's illness so we never discussed who gets what if something was to ever happen to him.

I had a few belongings of mine in their house (things that were left to me in my grandparent's wills). My grandfather left (in his will) a stamp collection to me & two of my cousins, which was sold for $1,500 and we split it three ways, so we each got $500. I never received my $500, but my cousins have. Also, I have many savings bonds that I never received (amounting to over $500). My grandfather's will stated that the contents of his house should be divided between his 3 children, their wives, and their children. I got a bed & a chair that have significant sentimental value. But those are being kept in the house where my father & stepmother lived before he passed. My dad also had a storage unit where he kept things of mine from my childhood such as my crib & stuffed animals & pictures.

I was just reading the Intestate Succession in Pennsylvania & it states that 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. Under these circumstances, the surviving spouse would not be entitled to the first $30,000.00 that s/he would have been entitled to had the child(ren) been both of theirs biologically.

She called me a few days after my Dad's funeral & told me to come pickup my things, which I wasn't able to do because I would have needed a truck to pick up the bed & the chair & I didn't have access to a truck at the time.

More recently, I've e-mailed her & asked her if I could come pick up my things, called her & asked her & she now claims to know nothing of anything that is due to me.

My question is- is it possible for me to get my belongings &/or money back from her? Is it worth the hassle? What steps do I need to take to do so? Would I take her to court in Delaware or in Pennsylvania where her & my Dad lived?

Assuming your dad and your step-mother were living together when he died, it looks like his State of Residence was Pennsylvania. The handling of an estate and claims against the estate are before the Court of Probate in the town where he last lived. Presumably, somebody is in charge of that Estate. The Clerk of the Probate Court will know; go there, talk to the Clerk, and file a Claim. You do not say whether or not there is real-estate, money, or other valuable assets. The other problem is that it is now over one year since your dad died. There are time limits to the ability to assert claims. You need to find out if the Estate has been "closed" (the clerk of probate court will tell you) and if there was a Publication (in the newspaper) informing that there would be a date after which claims would be not allowed.

It sounds to me like nobody has done anything about this Estate. If it was never opened in Probate, then your claims continue in force. Since your step-mom knew of your goods and had actual possession of them, she has to turn them over to you, whether she is Executor or not. She cannot keep your stuff; that is theft by conversion. If she threw it out, just in spite, then you can sue her for the value of the goods and ask for double damages (twice the value), but you have to first establish a "Demand" by sending her a certified letter listing the goods and demanding their return to you. If she refuses, then you can file suit.

If nobody has done anything about the Estate, then you can file a "Motion for Appointment" and ask the Probate Court to appoint you as executor. That gives you some leverage over your step-mom, but it is work! Let us know how you make out, and best wishes to you.