Legal Question in Wills and Trusts in Pennsylvania
My brother recently passed away at 58. He was living with my mother who took care of him in his last years and months as he battled cancer. He had a will which was signed and notorized many years ago. He made my younger brother executor at that time. After my brother passed away my younger brother took the copy of the will that my dead brother had. My older brother and I have no idea what is in the will and he told my mother that she is not involved since he is executor and not to worry about it because she has nothing to do with it. I don't want to make trouble but may we have a copy of the will just to keep my younger brother honest or since he is executor may he keep everything private? Also my dead brother had profit sharing with the company that he worked for for many years. When my mother called to ask for information about this just to make sure that everything was made known to all of us brothers and to keep everything honest and above board she was told that they could not tell her anything because she was not the executor. I understand that my younger brother is the executor and in charge but I feel that I should have the right to information. What can I do legally?
3 Answers from Attorneys
Your brother will have to file the will for probate. So you can go to the register of wills and get a copy.
{John}
Also, in addition to Mr. Davidson's answer, if no will has been filed, you may file a "caveat" with the Register of Wills. A caveat requires the Register of Wills to notify you when a will is presented for filing, so that you will have an opportunity to respond to the request for appointment as executor by the person presenting the will.
You also may check to see if a will has been filed by calling or going to the Register of Wills.
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.
You do not indicate where your deceased brother lived or when he died. If you know, then go to the county/state where the estate is probated and get a copy of the will. You can also file the caveat. You will need a lawyer for this.
The executor's job is to find out what the deceased owned, what he owned, pay any just debts and give the rest to the named beneficiaries. The former employer is correct - they will not release any information except to the executor. All of this information should be accounted for in the inventory and accounting which are part of the court files, depending on who the beneficiary is. It may be that these assets pass outside of the will to the named beneficiary. If you are your mother are not named, then you cannot obtain the information.
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