Legal Question in Wills and Trusts in Pennsylvania

my grandfathers will is being handled and all the money and stuff is being divided . the catch is my father passed away so wouldnt me and my sister be entitled to his share? if so im being pushed around sayn no no no no you have been contacted. i think theres more to this. what do i do?


Asked on 8/10/10, 6:23 pm

1 Answer from Attorneys

Where did your grandfather live at the time of his death? You need to speak to a probate lawyer in that county/state. If it is PA, GA or NC, I can review the will for you.

What will happen will depend on what the will says. PA, like other states, have a provision for lapsed gifts. What this means is that your grandfather left his property to his children, which includes your father, and your father died before your grandfather, then your father's share will pass to your father's children. However, your grandfather's will might direct otherwise, and in that case, you would not be entitled to your father's share. So you need to read the will and see what it says.

I would go to the probate court and get a copy of the estate file so that you know where you stand.

If your father died after your grandfather, then your father's share should be paid to your father's estate and would be distributed to your father's heirs. If your father had a will, then it is distributed as per his will. If your father died without a will, then to your father's wife (if he had one) and your father's children. So you possibly may also need to see your father's will.

If, after reviewing the will(s), you are entitled to a share and are not getting it, then you definitely need to see an attorney to make sure that your rights are fully protected.

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Answered on 8/16/10, 8:20 am


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