Legal Question in Family Law in Pennsylvania
contesting a will in pennsylvania
Hi. My mother is 83 yrs old. She is going through early stages of dementia. She had a will in previous yrs, but recently amended it. I believe that my neice & nephew had her do this. In the event she passes and there is something questionable in the will, how can my brother & I contest it and what is the ususal time span and cost?
2 Answers from Attorneys
Re: contesting a will in pennsylvania
Who wrote the will/amendments? Was it doen with an attorney, or was it done at home? What county are we talking about?
In any event, it may be best to get the matter out in the open now... it is easier and cheaper to undue a poorly drafted or outright fraudulent document while the maker is alive.
Generally, a qualified attorney can wrap something like this up in less than 25 billable hours. Get back to me if you would like to discuss your options.
Mike
Re: contesting a will in pennsylvania
You asked about a changed will.
The time to challenge a testamentary device is before that device is activated. That means deal with the matter while mom is still alive. On her demise it is a very challenging task to get a court to alter a decedent's written instructions and can only be done in the rarest of circumstances and only with overwhelming evidence.
Contact mom and mom's attorney immediately to make certain the will reflects mom's current wishes. It's not uncommon for parents to pass over their own children when devising their estate.
Regards,
Roger