Legal Question in Wills and Trusts in Pennsylvania

how do i find out what is in my deceased father's will if his wife won't tell me. my father assured me on his death bed that he had taken care of me and my siblings and his grandchildren and i think his wife is spending it very quickly purposely.


Asked on 1/27/11, 5:15 pm

1 Answer from Attorneys

You do not indicate where your father resided at the time of his death or when he died. Wait for at least 30 days after your father's death. Once that time expires, or if it already has expired, go to the court in the county where your father lived. In PA, this is called the Orphan's Court (it goes by different names in different states). See if an estate file has been opened up for your father and, if so, whether there is a will. Wills are public records and anyone can see them.

If there is no will or estate file, in most places there is no registry. Try seeing if your father had a trusted attorney who may have a copy. Some people keep them in safe deposit boxes but nobody can enter it unless the clerk of court is present or if the another person has access.

If there is still no will, there is a possibility that one either does not exist or that if a will did exist that it was destroyed. It is a crime to conceal a will and a person can be compelled to answer for it so you really have to have more than just a hunch that your father's wife is doing this. At a minimum, if your father had no will, his wife and your father's children would share in the inheritance as per the intestacy laws of the state where your father lived at the time of his death.

If there really is evidence of something nefarious by your father's wife, then get up quickly with a probate litigation lawyer in the county where your father resided at the time of his death to more specifically advise you of your rights and can help you protect them. Consider, however, what assets your father owned and how much would be coming to you under the state's intestacy laws to determine if litigation will be financially worthwhile.

You might also want to see if any insurance policies existed. Again, there is no registry, but if you know the name of the insurer, they should at least be able to tell you if you or your children are the beneficiary or not and send you the claim forms if you are.

And I am sure that your father was well meaning, but I have come to view deathbed confessionals or recitations of intent to be of little or no weight. If your father wanted to put things in order, he would have made a proper will or trust and would have made sure that lots of copies were around to prevent anything underhanded.

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Answered on 1/28/11, 7:45 am


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