Legal Question in Wills and Trusts in Pennsylvania

Estate settlement

Hi,

My aunt passed away about a week ago. When I visited her in the hospital about 2 weeks ago she asked me to get her financial assets in order. When I asked her what she wants done she said was ''Put everything in my name and distribute it equally among her close relatives'' I told her I don't think I can do that....and asked her if she had a will. She answered ''no''. I told her to see a lawyer and draw up a will but she said she can't and to do what she said.

So, after she passed away we were cleaning out her house and, guess what, we found an envelope titled ''Her Will''. It seems this document was drawn up by herself in 1984 and she didn't remember doing it.

Now the problem. I'm assuming this will is valid even though she had no recollection of it. Besides a few minor grants, the majority of the estate was to be divided equally between her 3 siblings. Of the 3 siblings only one is living (and he has severe mental disease, couldn't even leave the house to go to the viewing or funeral) and the remaining 2 are deceased. How are the estate assets divided? Is it 1/3 for each sibling and their children? Does it all go to the living brother with the mental illness? Or something else? Thanks,

Frank


Asked on 12/02/08, 6:56 pm

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: Estate settlement

A valid will usually trumps any oral instructions made afterward. If you did not hold a valid power of attorney from your aunt, you did not have the authority to follow her oral instructions.

Even if some of the siblings are deceased, their heirs may have an interest in the estate.

A will usually appoints an executor. This person should file the will at the Register of Wills office and seek appointment as Personal Representative of the Estate. If no one was named, or if that person is not available, there is a similar process to file the will and have another person appointed.

The Personal Representative will be responsible for administering the estate, including determining all debts of your aunt, all assets, paying all taxes, and only then distributing what remains to the beneficiaries under the will.

With such a complicated family tree, the named executor or substitute should consult with an estates lawyer to guide her/him through the estate administration.

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Answered on 12/03/08, 12:48 pm


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