Legal Question in Wills and Trusts in Pennsylvania

Disclaiming is not a will contest. A will contest is a formal litigation that makes claims about the validity of the will or otherwise calls it into question. Before you make a disclaimer, you should consult with your own estates lawyer to make sure you are not giving up more than you want to.

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.

Your brother added what is called an "in terrorem" (its Latin lingo for in terror) clause added to his will. The purpose of this clause is to discourage a deceased's person's beneficiaries from bringing a frivolous challenge to the will. Valid will challenges, such as where there is undue influence, fraud or lack of testamentary capacity are still allowed. See 20 Pa.C.S.A. � 2521. Penalty clause for contest

A provision in a will or trust purporting to penalize an interested person for contesting the will or trust or instituting other proceedings relating to the estate or trust is unenforceable if probable cause exists for instituting proceedings.

A disclaimer is something else altogether. In many cases, a beneficiary may choose not to inherit. For example, where a parent leaves money to an adult child, the adult child may choose to give up the inheritance in favor of a grandchild who might me in a lower tax bracket. So a disclaimer gives up the right to inherit totally. In that case, the property will pass to the next beneficiary named in the will.

To know whether it is wise for you to do this, I suggest that you consult an attorney who is in the same county/state as the decedent resided in prior to his death, as the will will be probated there.