Legal Question in Wills and Trusts in Pennsylvania

Brother served Divorce Papers by his wife , He had a will written , He Died , Named me his sister Executrix of his will .Will Has been probated in court . Wife is not complying with will nor is The Assistant District Attorney who wrote the will helping , Cant is North East Pennsylvania .


Asked on 5/18/12, 5:31 pm

1 Answer from Attorneys

I previously answered this question - you need to see a family/divorce lawyer to get the personal representative of the estate to continue the divorce proceedings on behalf of your brother's estate. See: 23 Pa.C.S.A. � 3323 (d.1) Death of a party.--In the event one party dies during the course of divorce proceedings, no decree of divorce has been entered and grounds have been established as provided in subsection (g), the parties' economic rights and obligations arising under the marriage shall be determined under this part rather than under 20 Pa.C.S. (relating to decedents, estates and fiduciaries).

The personal representative can be substituted for your brother and can continue the divorce and equitable distribution actions. Your brother's share of the marital property can then be divided as per his will and his wife will be treated as having died before your brother.

I don't know what you mean by the district attorney and wife are not "complying." What are they expected to do? If you have probated the will, its up to you to get the parties substituted and get the divorce/equitable distribution action resolved. Your brother's share of the marital assets are then administered/distributed as per his will.

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Answered on 5/23/12, 5:03 pm


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