Legal Question in Wills and Trusts in Pennsylvania
Adversary proceeding?
My great aunt, who was a mother to me, died 5 years ago.I recently learned that an obscure, unintended bedside will was drawn up about 3 months before her death (also the time of her brother's funeral) with undue influence from others.She was bedridden at this point.She had indicated to me during our visit that she wanted to take care of me in her will and that she was sorry.A deed that included my brother and his godfather (my uncle who is listed as executor/heir on the bedside will) was altered the year prior to her passing citing RECORDING ERROR.This was a dishonest tactic to basically cut my brother and I out of the estate via my brother's godfather.As a devout Catholic, she entrused my uncle(brother's Godfather) would carry out her wishes with respect to my brother and I. Given my relationship with my great aunt, am I legally considered to be an heir and do I have rights of intestacy, etc..If a will is filed with the Register of Wills, does this mean that it has been probated?What is considered to be given notification of probate?Who would I be able to get an accounting of the estate sales and transactions?My extended family has been hiding in shame and hasn't been in contact with me since my great aunt passed?
1 Answer from Attorneys
Re: Adversary proceeding?
If a will was filed with the Register of Wills, that does mean it was probated.
From your question, I was unable to determine your exact relationship to your great-aunt. You may or may not be a legal heir.
There is only a limited tie (within one year after death) to contest a will. If the will was only recently probated, you may still be able to object to it.
You should consult a local estates lawyer to help determine what rights, if any, you may have at this time.
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