May 2nd, 2016

Why You (and Prince) Need a Will

Making headlines, the family of the late award winning musical artist, Prince, is heading to court over his $300 million estate. It is currently contested that the celebrity, famous for his innovative music and Academy Award Winning movie Purple Rain, has no known will or trust. As legal actions continue, only time will tell how the family will weather the decisions rendered.

In light of this, you should be asking yourself: “Do I need a will?” While you may not be a celebrity millionaire, the answer is still “Yes!”

Here are some questions to consider:

  1. Do you care about what happens to your possessions after you have passed away?
  2. Does the thought of the government controlling where your possessions go after you have died make you uncomfortable or outright mad?
  3. Does the thought of your “soon to be ex- spouse” enjoying your assets with the “current flame,” after your death, bother you?
  4. Do you have children who you wish to ensure are properly provided for after you have passed away? Along the same vein, do you have one child who may need a bit more help than another if you’re no longer here to take care of him or her?
  5. Is there someone, perhaps unrelated, who you would want to leave a sentimental gift for after you have passed away?

If you have answered “yes” to any of these questions, you need a will.

In Pennsylvania, if you die without a will, your assets will pass to your closest, surviving relatives in accordance with Pennsylvania’s Law of Intestate Succession. Simply put, who inherits your assets will depend upon whether or not you have a surviving spouse, children, parents, etc. at the time of your death.  The law can be summarized as follows:

If married, the surviving spouse will inherit everything if there are no surviving children nor parents. If there is a surviving spouse and children (born to both the deceased and surviving spouse), the surviving spouse gets the first $30,000 and half of the remaining assets.  The remaining half is divided among the children.

If the surviving spouse and deceased had children and at least one of them was not the child of the surviving spouse (i.e., step child), the assets are divided half to the surviving spouse and half to the children.

If the surviving spouse and deceased had no children, but the deceased’s mother and/or father are still living, then the surviving spouse gets the first $30,000 and half of the assets. The remaining half is divided among the surviving parents.

If there is no surviving spouse and the deceased had children, all of the assets will pass to the children in equal shares.

If there is no surviving spouse nor children, the deceased’s parents will inherit the assets.

If there is no surviving spouse, children, parent(s), sibling(s), niece(s)/ nephew(s), grandparent(s), aunt(s)/ uncle(s) or any other surviving relative of the deceased, the assets will pass to the Commonwealth of Pennsylvania.

This is just a brief overview of what occurs if someone dies without a will in Pennsylvania. Having a will prepared by an experienced professional will allow you to make decisions regarding how your assets are distributed upon your passing.  The lawyers at Gross McGinley are able to provide you with the proper guidance in drafting your will and any other documents that may be necessary to ensure that your wishes are carried out once you have passed away.  For peace of mind, contact us today at 610-820-5450.


Attorney Constance K. Nelson provides families with assistance in estate planning and estate administration matters as well as divorce, custody, and guardianship representation.

The content found in this resource is for informational reference use only and is not considered legal advice. Laws at all levels of government change frequently and the information found here may be or become outdated. It is recommended to consult your attorney for the most up-to-date information regarding current laws and legal matters.