Legal Question in Wills and Trusts in Pennsylvania
Dear Ms Hunter , My Brother at the time of recieving the Divorce Papers , was severely Handicap ( paralyzed from the waist down ) The represenative of the Divorce was the Assistant District Attorney of North East Pennsylvania ,I am being told that he put alot of time in my brother and was not paid to the contrary i have all of the records of what he was charged , I believe i am being dismissed , But it is this Assistant District Attorney that drew up my brothers will .
His wife was taking advantage of David and Exploiting him for all his worth ... David worked for the National Park Service for 25 yrs ...when he could no longer work and was going down hill the wife had him sign over his boat to her . I am in possesion of this boat , and he had willed it to his nephew my son . Also his interest in Our Mothers Home . and any other property. To date i have not recieved Title and registration to the boat and have made many attempts to work this out with said wife . The Attorney does not want to help me , nor is the wife cooperating .... I dont know what to do . And Trust me i am listening to you and any suggestive help you give . I just want to settle and have my Beloved Brother Last will carried out . My email is venius [email protected] . I am waiting for your every word of advice , Thank you Kathy
1 Answer from Attorneys
Dear Kathy,
I am sorry about your situation. I am not sure about the boat. Wills can be overridden by a deceased person's acts during life. So if your brother signed over title to the boat to the wife, its hers, regardless of what the will says.
I advised you previously - you, as the executor of the estate, can be substituted for your brother in the divorce action and you will represent the estate in deciding upon the fair division of property. Despite your brother's handicaps, I am not sure why the wife was divorcing him and at the same time getting him to sign over title to her.
I assume from your post that the Assistant DA also had a private practice on the side (this is common in small towns) and that as part of that practice, he both drafted the will for your brother and was representing your brother in the divorce when your brother died, correct? If the DA is not helping, then fire him and get another attorney. If you are paying the attorney then you can. It seems like there is an issue of payment - did the attorney do work and has the attorney been paid to date? If you are at an impasse and believe the attorney has been paid that is a separate issue. Most counties have fee dispute resolution services and you and the attorney can go through that process.
But you need to get the ball rolling on settling your brother's affairs and the divorce case. My suggestion would be to fire the DA and find someone else. Get the divorce action concluded and then distribute your brother's share from the divorce case as per your brother's will.
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