Legal Question in Wills and Trusts in Pennsylvania

Re: I am an heir,what are my rights?

My condolences on the recent death of your father.

His Power of Attorney, given to your sister, became ineffective upon his death. If there is a will, it can now be filed with the Register of Wills for the County in which your father resided. When the will is probated (filed), the applicant should give you a written notice letting you know that, and also either enclosing a copy of the will or letting you know the office in which it was filed, so that you may look at the will or ask for a copy from the Register of Wills. Often, the Register of Wills will respond to telephone inquiries as to whether a will was filed yet.

You might also want to consider discussing with your sister the possibility of one of you buying out the interest of the other in the condo unit, as well as division of the jewelry and other family possessions, as part of the estate settlement.

If you know the attorney who will represent the estate, you may inquire of her/him.

As an heir at law, you have the right to file an objection, known as a "caveat" with the office of the Register of Wills, which would entitle you to receive notice if anyone tried to probate a will or apply for Letters of Administration, so that you would have an opportunity to object, if no filing has already been made. You may also object after such filings have been made, but there are time limits, so you should investigate immediately to find out if anyone has filed a will or applied for Letters of Administration.

When you call the office of the Register of Wills, you should ask how you can participate in the proceedings on your own behalf, by mail, if you are unable to hire a local lawyer to represent you. However, you should consider that without legal representation you will not be in a position to adequately know your rights and attempt to protect them. You can also call the Lawyer Referral Service of the County Bar Association to ask for a lawyer with experience in estate administration.