Wrongful Death Laws in Pennsylvania

  • Losing a loved one is difficult enough without the burden of legal matters that get left behind. Damages are distributed under intestate law, proportionate to the pecuniary loss. There are different circumstances in every situation. Find out what you need to know about intestacy laws in Pennsylvania.

    Estate priority under intestate laws is as follows:

    • If a spouse is living but no children or parents, the spouse is given everything.
    • If there is a spouse and parents living and no children, everything is given to the spouse.
    • If there is a spouse and children, the spouse takes half of the estate. If the children are the spouse’s, the spouse also takes $30,000. If the children are not the spouse’s, the spouse only takes half of the estate. The children divide the remainder equally as long as they are all of the same generation.
    • In the instance of children and no spouse, the children take all. Shares are divided equally between the children of the same generation.
    • If there is no spouse, children, or parents, the personal representative can collect damages on behalf of the deceased for hospital, nursing, medical, and funeral expenses.

    When children of different generations are involved, it gets more complicated. Intestacy laws for children of different generations includes:

    • The estate is divided into as many shares as there are living members of the nearest generation to the deceased, including deceased children who left behind children of their own. The share of each deceased person in the same generation is divided among his or her descendants in the same manner.

    For more information on intestacy law in Pennsylvania, visit justice.gov.

    The law firm of Meyerson and O’Neill pay special attention to wrongful death cases. If you feel that you have a wrongful death claim, please contact us at 877-373-8059 and ask to speak with a Pennsylvania Wrongful Death Attorney today.

    For information regarding New Jersey Litigation and to speak with a New Jersey wrongful death attorneys, please call us at 877-373-8059.

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