In our last blog post, we discussed the case of a woman who went missing at the age of 16 and was declared legally dead by a judge in 2004. However, the woman, now 33, was found after she was arrested on child endangerment charges this summer.

This case gets even more complicated, as the woman was left a $100,000 share in her deceased grandmother's estate. The situation could result in probate litigation, as the woman may choose to fight for her share of the inheritance.

The grandmother's estate was settled in 2008. Because the missing woman had been declared dead, her share passed to her family. Her mother received $49,696.02 and each of her three siblings received $16,565.34.

The woman might have a claim to recover her share of the estate, which was informally settled. According to Bridget Whitley, the vice-chair of the Pennsylvania State Bar Association, this means each heir signed a release agreeing to return any amount that was distributed erroneously. Whitley said this release will make it easier for the missing woman to challenge the administration. Also, given precedent, the court is likely to side with the woman.

In order to start any proceedings, Whitley said the woman must file a petition to overturn her death decree. However, according to Whitley, if the court was convinced the woman misled others into believing she was dead it may be less likely to find in her favor.

The woman's defense attorney said he is only representing her on the criminal charges and revealed that she has not addressed the probate issue with him.

Source: YDR.com "'Dead' woman charged in 5 kids case could make claim on will," Emily Opilo, 20 November 2010