Legal Question in Family Law in Pennsylvania

Wills

Why isn't what someone puts in their will binding? My goddaughter's mother passed and in her will stated that she wanted her daughter to live with a family that agreed to take and raise her. She even put a trust for her daughter in the family's name. When she passed, her son took the girl and had CYS give him temporary custody, ignoring what the will said. He is a half brother to the 8 year old girl. The mother was adament before her death that the son was not to have custody of the girl.


Asked on 3/28/08, 1:33 pm

1 Answer from Attorneys
John Jackson Law Office of John A. Jackson, P.C.

Re: Wills

Well, because in this case the will is not giving away property; its a child and courts are going to look into the best interest of the child not the wishes of the deceased. Since I do not know the facts I cannot explain why the court did what it did other than to say that the court some how determined that the best interest of the child was to live with the half brother.

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Answered on 3/28/08, 1:52 pm


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