Legal Question in Wills and Trusts in Pennsylvania

Re: Contesting a Will

Are you thinking about contesting your father's wife's will? The first issue should be what happened under his will, if he had one. Even if he didn't, his assets would pass to his heirs under the intestacy laws, which give a share to wife and also to children. If he had a will, it should have been filed ("probated") with the Register of Wills in the County where he resided at the time of his death. The executor named in the will would have been responsibility for paying debts, taxes, collecting any monies owed to your father, and then distributing his estate in accordance with his will.

If your father left everything to his wife and you believe that he was unduly influenced or not competent at the time (these are difficult issues to prove), you could challenge the will. This is usually done when you receive a notice that the will has been filed. If he was mentally competent to make a will and was not unduly influenced, and left everything to his wife, he was legally able to do so. In any case, your father's wife's will cannot be challenged until after her death, because it may be changed any number of times before then. Unless his wife is also your mother, she has the right to leave her property to whomever she wants, and you cannot challenge her will except based on undue influience and/or lack of mental cpacity (incompetence). If she was not mentally competent to change her will, as you said, the will could be challenged. You may want to check with the first attorney who would not permit her to sign it.

You should also consult with an attorney of your own to make sure what rights you have in your father's estate. You may lose rights if you wait to act, because there are time limits for contesting the will and taking other actions.