Legal Question in Wills and Trusts in Pennsylvania

Contesting a Last Will & Testament

As one of four surviving children and one of the beficiaries in my father's Will, my sisters and I are wondering what are our rights since my brother is contesting my father's Will. Everything was prepared legally by a lawyer, witnessed, notorized, etc. Everything was straight forward in his Will. My brother was adopted which probably doesn't mean anything, but feels that we owe him and he is contesting every part of the Will. What he wants is everything handed to him so we get nothing. There's a lot more to this, but I just need to know do we have a leg to stand on with him having a lawyer contest the Will.


Asked on 9/23/08, 1:30 pm

1 Answer from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

Re: Contesting a Last Will & Testament

There is insufficient information to respond. Generally if the Will was made at a time your father was competant, without undue inluence, no fraud involved then the intentions as stated in the will should govern. However, this does not prevent a beneficiary or someone not a beneficiary from contesting a Will based on issues as stated above or other issues. Many times the cost of fighting a Will contest action leads to a settlement to avoid costly litigation. You would be advised to contact a lawyer to explain the entire situation to determine the course of your action.

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Answered on 9/23/08, 5:18 pm


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