Legal Question in Wills and Trusts in Pennsylvania

Your grandmother herself should be consulting a lawyer about her rights. If your grandfather had a will, the executor appointed in it should be administering his estate. It seems a little far-fetched for you, the grandson, to be inquiring about something that was told to your uncle, although it's sweet of you to be concerned about your grandmother.

Your grandmother certainly should not wait to find out what her portion of the estate is.

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.

Attorney Jacobson is correct in that its not ethical for an attorney to be advising you on matters that concern your grandmother. She needs to consult with her own probate attorney. And an attorney cannot be addressing hearsay that someone told someone else.

What the attorney who spoke to your uncle may be talking about is called an elective share. When a person makes a will that leaves his spouse less than the spouse would inherit under the elective share laws, the spouse is allowed to claim under the elective share laws. Depending on what your grandfather owned, the life estate to your grandmother may not have been enough.

There is a time limit. The election must be filed by your grandmother within 6 months of death as per 20 Pa.C.S.A. � 2210:

(a) How election made.--A surviving spouse's election to take or not to take his elective share shall be by a writing signed by him and filed with the clerk of the orphans' court division of the county where the decedent died domiciled. Notice of the election shall be given to the decedent's personal representative, if any.

(b) Time limit.--The election must be filed with the clerk before the expiration of six months after the decedent's death or before the expiration of six months after the date of probate, whichever is later. The court may extend the time for election for such period and upon such terms and conditions as the court shall deem proper under the circumstances on application of the surviving spouse filed with the clerk within the foregoing time limit. Failure to file an election in the manner and within the time limit set forth in this section shall be deemed a waiver of the right of election.