Legal Question in Wills and Trusts in Pennsylvania

dead executer

My wife 91 year old aunt (nursing home etc) has a will and her named executer (nephew) died earler this year. her aunt is not doing well and is on medical assistance to pay for her nursing care. she could not afford to pay with what she has coming in. she also has dementia and is not capable of making decisions. my wife is her POA. do we need to write a codicile to change the executer. if we try to rewrite the will it will be a royal mess with the family even though there is nothing to leave for anyone.

thanks


Asked on 6/27/07, 3:15 pm

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: dead executer

I recommend against trying to rewrite the will under a POA.

The PA law provides who the eligible relatives are to serve as personal representative, and in what order.

When your wife's aunt dies, if there is no successor executor named in the will, there is a procedure in the Register of wills office to probate the will and have a substitute personal representative appointed to replace the nephew who died.

The people in the Register of Wills' office are usually very helpful, but you may want to consult a local estates lawyer in the county where the aunt resides.

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Answered on 6/27/07, 3:36 pm


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