No Will, No Power of Attorney - What Happens Now

**karamark** · 08-01-2009, 06:08 PM

My question involves estate proceedings in the state of: Pa
my father died and he had no will and no legal POA. His living realatives are myself(eldest son) and my younger brother. He also has 5 brothers and sisters. one of his sisters took control of everything and refused to let any of us help. There are several vehicles. one of which has 1 more year of payments. can i take over these payments and legally get the car when its paid off w/o having a will or poa? my brother and aunts and uncles are fine with me having this vehicle. is there any red tape i will have to get passed to own this vehicle?

**Mr. Knowitall** · 08-02-2009, 08:09 AM

What, exactly, do you mean by "one of his sisters took control of everything and refused to let any of us help"?

If somebody else has not yet done so, open an estate and proceed with distribution under the laws of intestate succession.

**karamark** · 08-02-2009, 03:06 PM

she insists that she talked to my dad months before he died. she says he asked her to handle things if something happened to him. we all know this is a lie. she means well but she is a pushy and controlling person. she refused to let us help plan the funeral and wouldnt even dicuss finances with us. dad was renting a house she owns so now she said that all that is in the house is hers. i have hunting guns, and collectors item os my own... she wont let me get to them. all of our memories are in that house.. she wont let me near them. my younger brother is going to rent the house from her now and she has warned him not to let me in for anything and that he is not to touch anything as well.
i dont have the money to get a lawyer and i dont know how to proceed. but my main question is can i legally get this vehicle in my name? i cant insure it unless it is in my name and i cant get it in my name until it is paid off. so if i pay it off.. is there a way to legally get it in my name since he never made a will?

**Mr. Knowitall** · 08-02-2009, 05:06 PM

As you were told, by initiating the administration of his estate under the laws of intestate succession.

**paleolith** · 08-12-2009, 06:55 PM

You have to push back. If you haven't figured it out yet, you have to go to the local court (or get an attorney to help you do so) and get appointed personal representative. With no will, the court will appoint you as a child over a sibling. This is what Knowitall means by "initiating the administration of his estate". If you don't want to hire an attorney, the clerk of the court's office will likely be very helpful if you go in with a friendly attitude asking for their help and advice. You will then have the legal power to manage your father's property while you take it through probate (as you very likely have to do). Once you have this power, your sister is trespassing and you will deal with her as you would any trespasser. Her talk with your father means nothing.

Edward (not an expert)