Call Us Now 215-790-1095
20 Aug, 2015

Who inherits my father’s pacemaker?

From our “Ask a Question” Mailbag: Pacemaker Inheritance

Most Recently Updated July 20, 2018.

“Who inherits my father’s pacemaker? My father was cremated, but the attendants first removed his pacemaker for safety purposes. My sister says she wants it so her son can take it apart, as he likes gadgets. After doing some snooping around, I think that she wants it to sell on the black market. Who has a right to the pacemaker? I don’t want my sister to sell my dad’s pacemaker on the black market.”

Where-Do-I-Contest-a-Will

Pacemaker Inheritance

Pacemaker Inheritance

I have to admit, this is a new one to me. Some research has shown me that there are no pacemakers approved by the FDA for multiple use in the USA. So, without more information about the specific pacemaker, I cannot tell you if a sale is even possible (legally). Let’s address your question about who owns the pacemaker.

If your father purchased the pacemaker, then it was his property at death. His property passes through his will. The pacemaker is likely a piece of personal property, so examine the terms of the will that address who gets personal property. If it all passes to you, then you can claim the pacemaker. If personal property is divided up between the children, then in general personal property is divided up in a friendly manner between the children.

Should the Court be involved?

In this case, a friendly division may be impossible. If you are to divide the personal property but cannot agree on how to do so, and you feel that your sister wants to take the pacemaker for an illegal purpose, then you do have the right to bring the matter before the Orphans’ Court Judge for a determination. It would be a good idea to have an attorney familiar with Orphans’ Court litigation to help you, as I imagine that this will be the first time this type of issue will have come up before the judge.

More Planning Questions?

The inheritance is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Pacemaker Inheritance

I hope that this article was helpful in explaining inheritance of property. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags: Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Pennsylvania, Philadelphia

What Our clients are saying

Klenk Law Logo
Stars

Holger Bäuerle

We have been using Klenk law for a decade. Always good advice and fast execution. Highly recommended!

Klenk Law Logo
Stars

Matthew Wentz

My experience with Klenk Law was nothing shy of amazing. I had done some quick research when searching for an estate attorney and was immediately drawn to Klenk Law being a veteran owned business and due to their support for veterans, first responders, and teachers . Every member of their staff was knowledgeable and patient through every step of the process and with all of my questions. They were honest and transparent with pricing and expectations. They were very timely with communications and kept me in the loop throughout the process. I will definitely recommend Klenk Law to friends and family.

Klenk Law Logo
Stars

Chris Benson

My family and I was pleased with the service, and insight of Klenk Law. All of our questions and concerns were patiently answered. I will be referring this firm to many family and friends to assist with real estate planning etc. Thank Klenk Law

Klenk Law Logo
Stars

Monika Patryn

I highly recommend this firm. Jackie was a pleasure to work with. I left there’s well educated and had all my questions answered.

Klenk Law Logo
Stars

Alex Mangas

Extremely professional services with courteous, responsive communication. Would recommend to anyone.

Let us put our expertise to work for you.

Free consultation within 24 hours.