Legal Question in Wills and Trusts in Pennsylvania

9 weeks? Is that all? It takes 1-2 years to probate an estate depending on the size and complexity of the estate. 9 weeks is not enough to do anything. In PA there also are inheritance taxes to be paid and the estate has to get clearance from the PA department of revenue.

Regarding joint checking accounts, the rule is generally that any proceeds left in the account as of the date of death of one account holder will automatically pass to the surviving account holders. So if the account was joint between your mother and brother, then any funds in the account go to him. This is not a probate asset

You offer no reasons that a will contest would succeed or fail. A challenge to a will is called a caveat. Wills can be challenged most often on grounds that either the testator (here your mother) was not in her right mind when she made the will because she suffered from disease or mental impairment (examples are Alzheimers' or dementia) or else that the will was the product of either fraud or undue influence of the person who benefitted under the will.

When was the will made? Who drafted the will? Was an attorney involved? Was it an attorney with whom your mother had previous dealings? What were the circumstances regarding execution of the will? Who benefitted under the will? What does it mean that you and Jim were taken off the house? If you were part owners of the home as per the deed, then its not possible for someone to remove you as an owner merely by changing the will. On the other hand, if the property was deeded in your mother's name and she made disposition in her will to her sons, but then changed her will to benefit Ed, then the question is why? What was her mental state like when she made the change?

In one sense, her property was hers to give to whomever she chose. If she wanted to benefit Ed and not you and Jim, that was her right. She was not obligated to leave you anything. Maybe she felt Ed needed more help financially. I don't know - I am just trying to make some guesses. Or, maybe Ed did do something improper to cause your mother to make the change.

You are not going to know whether you have grounds until you have the will reviewed by a probate litigation attorney who practices in the county where the estate is being probated. Caveat proceedings are expensive so you need to see if it is worth it and whether the cost of the lawyer will be justified by any recovery.

Ed, as executor, has certain duties - he must, if your mother has probate assets, notify creditors and publish notice in the newspaper. He must file an inventory. He will have to file accountings or a final accounting when ready to close the estate. These things are not done in secret. They are matter of court record. However, 9 weeks is really not enough time to do very much and while it may be good practice to keep the beneficiaries apprised of what the executor is doing, there is no actual requirement that he do so.

I would still see a probate litigation attorney. If nothing else, the attorney can ,monitor what is being done. If Ed knows he is being watched, then he will be less likely to engage in misconduct perhaps. If Ed is not doing his job properly then he can always be removed as executor. Removing him will not put you back on the house though - you will only succeed there if you get the will tossed out in its entirety. A will caveat will not help with the bank account because that is a non-probate asset.

Finally, you mention that Ed did some time in jail. For what? This may or may or may not be a factor in calling for his removal.

I agree with the excellent remarks of the previous attorney. You should at the very least make an appointment with an estate attorney to review the facts of this matter.