Legal Question in Wills and Trusts in Pennsylvania

Hello, My husband died almost 4 years ago. There was no will, no life insurance. I just inherited the bills and the stuff we had acquired over our more than 20 year marriage. Among the stuff we had, were many guns. Some of the guns are in his name and some in mine as some where gifts to him from me or I just ended up being the one who picked one up that was maybe on lay away. Anyhow I have decided to sell some because I quite frankly need the money. My 26 year old son is having a fit and has decided that he deserves the guns not me. I gave him a letter (when his dad died, just to have as a keepsake) hand written by his dad many years ago when we went on a motorcycle trip out west. In this letter, his dad tells him what to do with these guns should he and I should get killed while on this trip. Just covering basics in case we had an accident. It was meant just for that trip and it meant if he AND I were killed. A few weeks before he did die, He told me specifically which guns to give our kids and he didn't care what I did with the rest. Now because I want to sell some, my son plans to take me to court and sue for these guns using this note as his proof that he was supposed to get the guns. This first is tearing me apart. I can't believe he would put guns ahead of our relationship. My question is does he have a case, is there a statute of limitations as it has been almost 4 years. I'm at a loss about this. I hope you can help me decide if I should get an attorney or not. Thanks, Broken hearted Mom


Asked on 11/03/10, 3:12 pm

1 Answer from Attorneys
Justin Gearty Law Office of Justin C Gearty Jr

I am sorry to hear that you are having these problems. Generally all claims for probate assets must be filed within a year from the date of death, so no, he likely won't have a claim. Also, a letter can't be used in place of a will. Unless that letter was validly executed and conformed to the requirements of a will (which i assume it doesn't) then the statute of limitations wouldn't matter anyhow.

If he did get an attorney and his attorney found a way to file something, then I would suggest that you get a lawyer to respond. I don't do much with probate law, so this is just me speaking with regards to the general principles of probate law.

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Answered on 11/16/10, 11:53 am


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