Legal Question in Wills and Trusts in Pennsylvania

My mother passed away December 2011. Her husband is executor do my brother and I have the right or by law are we supposed to see mom's will. We live in the state of Pennsylvania in Huntingdon County. If I am priveledged to see will can I go to the court house and request copy of her will.


Asked on 6/07/12, 5:36 pm

1 Answer from Attorneys

Where did your mother live prior to her death? If your mother lived in PA, then yes, you or anyone else can go to the Register of Wills at the Orphan's Court and ask to see if there is an estate file for your mother.

If there is no will in the the file, that would mean that your mother died without a will and . If there is a will, then the file should contain the will, probate petition and possibly an inventory of your mother's assets. If there is no file at all, it means that nothing was ever submitted for probate.

What all did your mother own and how was it titled? There may be some things that pass outsde probate (examples are land owned jointly with a husband or with another with right of survivorship, joint checking accounts or life insurance on which your mother's husband was the beneficiary). Depending on what your mother owned, probate may not have been necessary. Or, it may be that your mother's husband has either failed to act or is deliberately concealing the will.

How do you know there is a will and that your mother's husband is the executor? If you are certain of this and there is no estate file, then your mother's husband can be compelled to produce the will and/or apply for probate.

If things do not seem right, then you should arrange to consult with a local probate attorney about this matter.

Read more
Answered on 6/07/12, 10:05 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania