Legal Question in Wills and Trusts in Pennsylvania

Please help! My mother passed away on 11/13/11. She had a will that had been prepared in 1990 leaving everything to my father (her husband at that time); and then to me and my sister if my father was not still living. My mother and father divorced in 2004 and they have both remarried. My step-father (mother's current husband) insists that all of my mother's belonings, real estate, accounts, etc. belong to him only. He states that he is going to prepare his will that if he passes, that everything will get split 20% among me, my sister, and his 3 children from his previous marriage. This does not seem fair, in that the real estate (house) was the house that my sister and I grew up in and was built and paid for by my mother and father for 29 years. My step father and mother were married for 5 years, and he believes that he gets everything...somehow this does not seem right. My stepfather believes that since my mother's Will was from 1990 and was prepared prior to their marriage, that the will is invalid. Is this true? Should my sister and I obtain an attorney, and if so what steps will need to be taken?


Asked on 12/05/11, 6:01 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Unless your mother wrote a will after 1990 then the 1990 will is still valid.

I think your step father is inaccurate because even if the 1990 will can't be found and there is no will then by the laws of intestacy it doesn't go all to him.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 12/05/11, 6:31 am


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