Legal Question in Wills and Trusts in Pennsylvania

Attorney was instructed on changes to make to 94-yr old's will. (Changes were discussed with attorney by representative of 94-yr old since she was in a nursing home.) He was to prepare her will and get her signature within 1 wk to 10 days. He neglected to go see her and she died on the 10th day. Attorney acknowledges that he feels confident that 94-yr old wanted change, so did not call or contact her to confirm change. He was preparing the change and was going to get her signature, but delayed in going to see her. 94 year old kept asking when her attorney would be coming. What are the chances of successfully contesting the will because of the delay of the attorney?


Asked on 9/30/10, 9:40 am

1 Answer from Attorneys
Rachel Hunter

Zero. And just because a will is challenged does not mean that the putatvie beneficiaries would inherit. Once the will is tossed out, then the estate would pass as per the intestacy laws. The court would not enforce the changes which were never approved.

However, the possible beneficiaries might have a claim against the lawyer under third-party beneficiary law.

It depends on how much the beneficiaries would have received had the changes been made, what they were and the attorney's reasons for the delay.

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Answered on 5/27/11, 3:10 pm


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