Legal Question in Wills and Trusts in Pennsylvania

Can I Still Contest

My Mother Passed away in march of 2000. Prior to her passing, I had Been shown by her, her will which was split between My sister and my self. After her passing, about a year later, I contacted my Sister about the will. She Hung the phone up on me. It wasn't till 2003 that I found out that I was cut out of the will. I was told by her husband and my mothers accountant, that my sister convinced her to cut me out, while she was in the hospital in intensive care. I know the old will is superceded by the new one, but she had origanally had me in the will, so i know she wanted me to have something. I believe at the time of the new will my mother was in no condition to make a sound decision. Is there anything I can Do about this? Her Estate was worth $500,000.


Asked on 12/10/03, 12:08 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: Can I Still Contest

You may contest a will up to one year after the date of death. The person named as executor should have probated (filed the will) and then would have been required to send notices to heirs that a will had been filed. If you had not known about your mother's death before receiving such a notice, that would have provided you with an opportunity to contest. With knowledge of the death, and if no will was probated, you could have gone to the Register of Wills office in the county where your mother resided and sought to compel production of the will, and then challenged a newer will that you believed was not valid because of your mother's lack of capacity to make at will at the later date.

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Answered on 12/12/03, 11:44 am


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