Legal Question in Wills and Trusts in Pennsylvania

My dad game me his Art Collection over 10 years ago. When he died the my brother the executor said it was in the Will and filed a peitition to return the property. The Lawyer that wrote the Will testified that my dad discussed the Art work while the will was written, provided a list of it, but never put it in the Will. Witnesses said, that my dad always referred to it as his artwork even though it was at our house. During the trial, a witness testified that my dad also talked about artwork as if it was his, even though he sold it over 30 years ago. The executor made a wild acuqistion that was a lie which we can prove however the Judge through the case out without us taking the stand. My brother filed an exception to the court order. Basicaly the Judge ruled that the Art was not in the Will, and if he was to consider their arguement that no one would need Wills. The time for appeal is over so we are done. However we have incurred legal fees, and my brother wasted a lot of estates money in going after an item that was not in the Will. What recourse do we now have? Our relationship is permantly severed. We feel our brother misused his power as excecutor to try to bully us into giving something that was already ours and not in the Will. Any thoughts?


Asked on 12/14/10, 8:26 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

If you were represented by a lawyer in the litigation of the ownership of the art, ask that lawyer what your options are. If you were not represented, you may have lost rights that you had.

You should consult a lawyer now to find out what you may do.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/19/10, 9:29 am


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