Legal Question in Wills and Trusts in Pennsylvania
Fathers Estate - Wife still living
My father recently passed away. He has a surviving spouse & a blended family. I was never given access to view any papers, including his will. I do not know if I am executor, or if I am a beneficiary, etc. The lawyer who drew up the will is uncooperative and will not give out any information re: his will. How can I find out pertinent info. re: the will? Does the spouse have to file probate and when do they?
1 Answer from Attorneys
Re: Fathers Estate - Wife still living
If someone has a copy of the Will you can through the Register of Wills, and a lawyer, force the person to "give up" (or produce) the Will.
To check and see if the Will has been produced for probate you need to check the county courthouse in the county he died. If the Will has been brought up for probate it will be there. If not then you might want to file a motion to force the Will to be produced.
The time for filing probate depends on when your dad died, however there are certain requirements which must be followed whether the Will is being probated or not. For example, taxes paid on the inheritance.
You might want to talk with an attorney more if you are not getting anywhere.
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