Legal Question in Wills and Trusts in Pennsylvania
My mother is expecting to receive a cash bequest from a close friend who recently passed away. Is she entitled to receive or view a copy of the will?
1 Answer from Attorneys
If there is a will, in order for the assets to be properly distributed according to the will, the will must be filed with the Register of Wills in the county where the deceased resided. All heirs and beneficiaries under the will should receive written notice from the executor/personal representative (the "PR") that a will was filed and that the heirs and beneficiaries may have an interest in the estate.
Not all PRs follow through with such notices or with complete administration of the estate.
If your mother believes that there was a will, she may check with the Register of Wills to find out if it was filed and who was appointed PR. The will is in the records, she may ask to see it.
If no notices were received, your mother should ask the Register of Wills if there is something she may file to challenge the PR to perform her/his duties. The Register of Wills may offer forms, but will not give legal advice. If she needs to take further action, your mother should consult an estates lawyer.
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.
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How can I become guardian of my minor child's estate? Asked 8/23/10, 5:11 pm in United States Pennsylvania Probate, Trusts, Wills & Estates