Legal Question in Wills and Trusts in Pennsylvania
Can I contest this will?
My mother died in January suddenly. Her will is dated 1965 - I was 5 years old when it was made. My family has lived with her in her house for 10 years, paid the bills, the taxes, and upkeep of the house - to include a new roof, sewer install, new doors, above ground pool, to name a few. The will states that her property will be distributed 50/50. Can I contest this will on the age of the will and the fact that circumstances had changed. My brother was not financially obligated to her.
The assessed value of the property is $34,000. He wants me to pay him $25,000 for his ''half''. What are my legal avenues?
The will has not gone to probate. In fact all the persons named to be executors are died or terminally ill.
I want to know what my options are as my family has lived with my mom. She had told many of her friends that she wanted me to have the house but did not follow through with changing her will.
1 Answer from Attorneys
Re: Can I contest this will?
You can always contest a will, but the question is whether you would be successful. If the will was never replaced, then it will be deemed to be valid in most cases. As to your brother's claim, it is not possible for me to determine what he should get without knowing the other assets of the estate and the expenses of the estate. The fact that you lived in her house cuts both ways. I assume you lived in the house without paying rent or a mortgage, which from your brother's standpoint would have been a benefit to you. Had there been no will at all, your brother, as an heir, would have been entitled to his share of the estate. It is not likely that you will be successful in ignoring his claim. Should you wish to discuss this matter further, please do not hesistate to contact me at 800/443-5084.
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