Legal Question in Wills and Trusts in Pennsylvania

My father passed away last year. His Will was last amended 10 years ago leaving equal shares to my older brother, sister and myself -- my father got remarried 3 years ago and never updated his will after the marriage to our step mother. As it stands now, our stepmother, not named in his will, is claiming 50% of the estate [we live in pa].

We just found out from my fathers co-workers he was planning to leave her, and she had moved out and moved in with her sister at the time of his death.

Is this grounds for challenging her claim to the estate? If my father planned for separation does this factor into her claim?

Also, days after my fathers passing we learned our step mother forced entry into our childhood home, as residence owned exclusively by my father, and one they never jointly resided. While in the home 60 hunting rifles, family heirlooms, savings bonds, tax records, checkbooks, and countless other things were removed without my brother (the executor) knowledge... is this a criminal act?


Asked on 5/02/14, 3:53 am

1 Answer from Attorneys
Rachel Hunter

I answered this question before and while you have posted more facts nothing changes this regarding your step-mother being entitled to an elective share unless she forfeited her rights.

You need to quit posting here since you do not post any relevant details (where did your father live? when did he die exactly? when did he remarry? when did he separate? did he have a pre or post-nuptial agreement of any kind? did your stepmother timely file her claim for an elective share?)

Planning separation means nothing. Did he actually separate and when was that? Were there any marital agreements?

It does not matter that your step-mother's name was not on the deed to the house. Did she live in the home with your father? If so, it was the marital residence. And you claim entry was forced. How so? She is not privileged to commit crimes.'

Since your brother is the executor and not you, he needs to consult with a probate attorney who practices in the county/state where your father resided at the time of his death.

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Answered on 5/02/14, 2:48 pm


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