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?


Asked on 10/02/08, 1:49 pm

2 Answers from Attorneys

Michael Berman Law Offices of Michael A. Berman

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

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Answered on 10/06/08, 4:46 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

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

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Answered on 10/02/08, 7:14 pm


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