Legal Question in Wills and Trusts in Pennsylvania

my dad pasted away whan i was 5 he made a will and gave everything to me he had friends that he though would be faithful and made them co executors and they were to put the money in a trust until i reached 18 i have a copy of the will the real will is not on file so can there be a trust made i can not find his attorney that made the will and i don't wont to go to the co trustees house i dont know them but it dos't look like they did thing right and as for the attorney i don't know if she did things right i don't know what to do help


Asked on 10/26/11, 9:31 am

1 Answer from Attorneys
Rachel Hunter

Why is the real will not on file? Have you checked with the probate court in the county/state where your father resided at the time of his death? What happened to his property? Did he create a testamentary trust in his will for you or set up some other kind of custodial account? Minors cannot receive funds. How much money are we talking about? If it was not much, the funds may have been paid to your mother.

You can always find the lawyer who made the will - each state has a bar membership directory. Contact the state bar. Failing that, have you done any kind of Google search to see if they were disbarred or relocated?

If you don't feel comfortable, then you need to see a probate/trust lawyer in the county/state where your father resided and pay the lawyer. The lawyer can check the courthouse to see if a will was probated. The lawyer further can contact the trustee on your behalf. If anything was not done correctly (and you do not explain why you believe that) then the trustee can be surcharged for his/her malfeasance. A trustee has obligations and has to follow the trust. If the trustee squandered the money then you can sue.

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Answered on 10/26/11, 10:12 am


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