Legal Question in Wills and Trusts in Pennsylvania

The will should have named an executor, and that person is responsible for filing the will and administering the estate.

If there was no will, or no will has been found, her estate would be "intestate," meaning there was no will. You and/or another close relative may apply to be appointed personal representative, by filing a petition with the Office of the Register of Wills for the county in which your mother resided.

A person holding a POA has no authority to act in any regard once the person (in this case, your mother) has died.

You may call or visit the Register's office and ask if a will has already been filed.

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.

Contact the probate court (called the Orphans' Court if this is in PA) in the county/state where your mother lived at the time of her death. Talk to the register of wills or clerk and see if an estate was opened for your mother. If it was, see if the 2001 will was ever probated or if a more recent will was probated.

I have a question - how do you know that your mother executed a 2001 will? Did you ever see it? Do you know if your mother may have changed her will? There is a 10 year gap between when your mother allegedly made the 2001 will and when she died. It is possible that your mother either made a new will or destroyed her old one.

Power of attorney ended upon the death of your mother. So your brother's involvement is at and end unless he was either named as personal representative in a will or applied to be personal representative if no will was found.

Another question is how do you know if your mother had any assets? What were her circumstances? What did she own? Or owe? It may be that there is nothing to distribute depending on what happened in the past 10 years. For example, if she had to go to a nursing home, such care is very expensive and her assets may have been exhausted. Or your brother, since he was POA, could have transferred the assets. I don't know what the circumstances are so that is why you need to contact the probate court and find out. Depending on what you learn, you may then wish to hire a probate attorney to review the documents and apprise you of your rights.