Legal Question in Wills and Trusts in Pennsylvania

Brother had a will his wife filed for divorce , Brother died , Divorce did not go through , Will still remains , and has been probated in court by me the executrix of his will , Wife is not complying nor the Assistant District Attorney , who wrote the will , Cant proceed , what should i do ?


Asked on 5/17/12, 11:05 am

1 Answer from Attorneys
Rachel Hunter

Get a lawyer. You are going to need a divorce lawyer for the divorce. PA law provides:

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.

Read more
Answered on 5/18/12, 2:35 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania