Legal Question in Wills and Trusts in Pennsylvania
dads will not valid?
My father recently passed away and had a will. He left a sum of money to me as well as my siblings. My fathers wife recently told me the will is invalid because he did not have a seperate account set aside for the amount left to us in the will. Do my siblings and I have any recourse in this matter. Also, do you have to set aside in a seperate account for whats in a will? Thanks in advance for any help in this matter.
1 Answer from Attorneys
Re: dads will not valid?
If there is a will, it must be probated unless
there are no estate assets. It sounds like
there are assets, so they must all be gathered up
and accounted for, then distributed according to
the will after taxes and administrative costs are
paid. It is possible to pass certain assets outside
of the probate estate by designating beneficiaries
or holding accounts in trust for another. In that
case the "separate account" statement may make some
sense. However, generally speaking, all the wealth
(and debt) of the deceased is counted to come up with
the distrubution accourding to the testimentary plan.
Ask to see the will. If you can not get it, seek
legal advise on how to proceed.
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