Legal Question in Wills and Trusts in Pennsylvania

If a beneficiary of a will is singled out and treated separately from the rest of the siblings, I think it is important to say why. How long does a beneficiary have to contest a will and does the beneficiary have a longer time if the Executor failed to even notify the beneficiary of the death and of the existence of the will? I learned of the death separately and I got the will by calling the courthouse. I believe that the benefactor in this case was duped into thinking that the singled-out beneficiary would be getting a better situation, not "can give all, any, or none of the money for beneficiary's benefit". It's a cheat job couched as a special treatment to a dying man who is not competent enough in the last 19 days of his life to sign a will. I had already filed a guardianship but I need to put a cover page on my filing (the court said I can go to the Register of Wills with a case a long time ago). But I want to do a good job of the cover page. But frankly, in this case, the benefactor liked the beneficiary, yet the money was put into a trust (any, all, or none of interest and principal for his benefit, etc..). So they are forcing me to sign an R&R. I agree with Rachel that I should not sign the R&R, but if I don't, I don't get any money. It's almost a Catch-22 or blackmail. I think my next step is to send the R&R back to Orphan's court (to the Register of Wills) with my Fiduciary Fraud, my Petition for Grant of Letters, Petition for Citation, and frankly, ask for more money. I just need a yes, that's not a bad idea, or I'm not sure, or no. I don't need Rachel or someone else to give a long answer. I realize it's complicated to ask more than one question. The benefactor would not have cheated me - he liked me. So I will modify the R&R document and say that my father was not aware enough to know what the implications of a trust fund are. My father is not a hugely intelligent man. I don't think that my father is really the person who wrote up the will. It was written up by lawyers. My father would have split up the money equally - with no strings attached. I agree I should not sign the R&R, but the assets will be frozen - it's a Catch-22, isn't it?


Asked on 12/10/13, 7:22 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

I tried reading your question which was devoid of either carriage returns or question marks. If you're planning a pro se will contest good luck.

As with any project you need to have a clearly defined goal. So you know when you're done. I don't see one. for example before getting into the legal stuff I ask my clients that because I went to the Hogwarts School of Law with a wave of my wand you get what you want. I am amazed that so few people can state and answer.

In any case I think you need a lawyer. Assuming there is a significant amount of money at stake the other guy will have one. Paid for out of the estate.

{John}

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Answered on 12/10/13, 8:05 am


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