Legal Question in Wills and Trusts in Pennsylvania

Wills are not "on file" unless they have been filed, or probated, after the death of the person. The executor or another person close to the deceased, sometimes the lawyer who prepared the will, should have the original so that it may be probated.

You and your siblings should search for a will in your mother's home or wherever she might have kept important documents. Try to find out if she had a lawyer and ask that person.

If there was no will, or if one cannot be found, her property would be distributed in accordance with Pennsylvania intestate succession law. This sets out a priority among degrees of relatives.

The estate must still be administered, by having the Register of Wills appoint a personal representative who will be responsible for determining all debts and all assets, paying taxes, and then distributing what remains according to the law. The process is the same whether or not there is a will, the only difference is that a will says who will get what, and the law says so if there was no will.

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.