Legal Question in Wills and Trusts in Pennsylvania
My Mother passed away in November 2011. I am her only biologial child. My stepfather, who I do not speak to, is the executor of the will. He has not probated the will yet (5 months later) and I am afraid he is liquidating assest of hers I was to recieve, such as her personal effects and heirloom items in the house she told me would one day, be mine. I assume she trusted him to do this, but he has only given me a few general items. I fear he is trying to liquidate the estate so that I do not get these items. From talks with my mother, I know this is not how she wanted things to happen. I know I am a named beneficiary in my mother's will, as I have recieved a monetary amount and a letter from her estate attorney, but I have not recieved a copy of the will, nor been allowed to read it. I am unable to get it by requesting it from my stepfather or the attorney. Is there anything I can do before he gets rid of my mother's property? Is there anything I can do to force either of them to at least give me a copy of the will? Because it has not been probated yet, I cannot get a copy from the County either, I already tried.
1 Answer from Attorneys
You say that your step-father has not probated a will and yet your step-father has an attorney and is disposing of assets? Something is not right. One does not become executor just by being named in a will. The person named has to be officially appointed by the court. I don't understand how your step-father is doing all these things and at least not filing a will with the county even if probate is not required. Production of the will can be compelled so if you cannot get a copy, you can either see if you can compel production or get your own attorney.
If your stepfather is indeed disposing of assets contrary to the will, then he can be removed as executor. I would not delay any further and would look into getting an attorney to represent you. The attorney can demand the will and file papers if it is not forthcoming.
Whatever conversations you had with your mother may or may not be relevant. If she had a will and did not set forth her wishes therein, any conversations generally are not relevant. That is the whole purpose of a will - to tell the the court how you wish your assets to be disposed of. And your mother may have told you one thing but did something else for whatever reason.
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