Legal Question in Wills and Trusts in Pennsylvania

You are not required to agree to the distribution unless you feel that it has been correctly done. You do have the right to see the current will, but unless you have a copy of the previous will, it need not be made available to you.

I'm not sure what you meant by "My sister who is the ex, changed the will when dad was sick." Generally, she would not have the legal right to change his will.

If you feel that your sister has not engaged in proper behavior in administering the estate, you should get a lawyer and seek an accounting in Orphans' Court.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

First, no one can be an executor of someone who is alive. Wills only become operative at death. Second, no one can change someone else's will. The person who makes the will must sign, have witnessed and notarize any changes to an existing will or make a new will.

That all said, if your sister had power of attorney over your father's assets while he was alive, it is possible that your sister used the power of attorney to alter your father's ownership of assets such that there was little in his probate estate when he died. Changes in ownership or disposition during the life may affect the dispositions in a will. Example - if your father made a bequest to you of his car in his will but he (or his agent under a valid power of attorney) sold the car while your father was alive and if he owned no car at his death, then the gift is considered "adeemed" and you do not get a car.

Beneficiaries do not have to agree on anything prior to distribution. I don't know where the estate for your father is pending and different states have different laws, but in PA, any distributions prior to confirmation of the account are at risk unless the beneficiary signs a release acknowledging that the beneficiary received the property. Where the beneficiaries do not agree, then a formal accounting has to be done in the court. If this is in PA, then the beneficiaries have to get notice and can object.

Now you mention that one of your sister's is handicapped. Does she receive any government benefits? If so, then she cannot inherit any money outright from your father as it may cause her to be ineligible for further benefits. If your father was smart then he set up some kind of testamentary special needs trust for your handicapped sister in his will.

You do not have to be shown the will by the executor. There are not necessarily formal "readings" of the will anymore. However, wills are a matter of public record as they are filed with the court. What I would do is contact the probate court where the estate is pending (called the Orphans' Court in PA but other things in other states). If you can go in person, make a copy of the estate file. If you cannot go in person. the clerk will make a copy for you, but you are going to have to find out what it costs and mail in a check or money order for payment, a self-addressed stamped evenelope for return of the copies and a request as to what you want.

When you get the copy of the estate file, I would take it and the letter you received to a probate attorney and pay the attorney to review it for you and apprise you of your rights.

You claim that your sister "took everything" but by your own admission, you are estranged from your family. So you are emerging now to claim what you think is your right or entitlement? That does not look very good.

Children have no "right" to inherit anything from their parents. Parents can totally disinherit the child if the parent chooses an your father may have done just that relating to your handicapped sister so as not to mess up her benefits.

I don't know the facts, but it may be that your father wanted to benefit the child that was around and took care of him rather than the daughter from whom he was estranged. It may also be as you say that your sister was evil and took everything and abused her power of attorney. That is why you need to take the estate file (as well as any power of attorney if it was filed at the courthouse and/or recorded at the register/recorder of deeds office), and the letter you received from the estate attorney to a probate attorney now. The probate attorney should practice in the county/state where the estate is pending.