Legal Question in Wills and Trusts in Pennsylvania

You don't indicate if there was a will or not. In either case, the estate does have to be opened.

Call the Office of the Register of Wills to explain your mother's circumstances, and ask how she may sign the necessary documents to open the estate by having a representative of the Register of Wills' office come to her.

If your mother was named as executor or if she is the person who would be the personal representative under intestacy, she could also renounce her right to serve, and the successor executor in the will or next of kin in line under the intestacy law could petition for letters to administer the estate and get what is called a short certificate.

That is just the beginning of the estate administration process. Your family should consult with an estates lawyer to assist you in the estate administration.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I agree with Attorney Jacobson. Given your mother's condition, it may make more sense for her to renounce as executor of the estate. Renouncing as executor does not mean that your mother is giving up her rights of inheritance. It just means that she is giving up her right to be in charge of administering the estate. Administration generally entails figuring out what the deceased owned, what he owed, paying the just debts and overseeing the orderly transfer of the assets left to the beneficiaries.

Because of HIPAA, the hospital will not release any medical records unless someone is appointed executor of the estate and gets the short certficate. The executor can then request the records and if there is some suspicion of medical malpractice or wrongful death, the records can then be taken to a personal injury for review.

There are time limits for bringing these wrongful death claims and that is really beyond the scope of my expertise, but its sophisticated stuff and you will need a lawyer for that.

Most attorneys specialize and I would not assume that a probate attorney is competent to discuss wrongful death or that a personal injury attorney is competent to handle the administration of an estate. So unless you go to a larger firm which has both kinds of lawyers you may need to consult two different attorneys here - one for the probate and one for any wrongful death to your father.