Legal Question in Wills and Trusts in Pennsylvania

My mother has two properties. In my late father's will (also my mother's will) he left their house to my brother and the second property was to be sold and the money split between my brother and I. My brother and I do not speak to one another and have not so for years for private reasons and we do not get along. My mother changed her will and left her second property to my brother and she signed over her house to me (so I actually now own her residence). When she passes away will my brother have any right to take any belongings inside of her residence unless otherwise specified in her will?


Asked on 11/06/12, 1:40 pm

1 Answer from Attorneys

Need a bit more information here. By your post I assume that your father has passed on and your mother is still alive. You also do not indicate where your father lived and mother now lives. I assume its PA but if its not then you will need to talk to a probate attorney in that state.

Since your father has passed (although you do not indicate when he died or if an estate was probated) I assume that things have or will be resolved as per his will. Since your mother is alive, your mother is free to change her will any number of times to suit herself and her needs. However, if she signed over her land to you, then you now own the property outright. Wills only operate to give away property that a person owns at death. Since your mother now no longer owns this property, she cannot change her will to make some other disposition of the property.

That said, her conveyance of the land to you only covered the land any any structures on the land covered by the deed. It does not cover any personal property still owned by your mother which is inside the home. The disposition of that will be covered under your mother's will unless she makes some other disposition of it prior to her death. Whether your brother is or is not entitled to any personal property belonging to your mother which is in the home conveyed to you will thus depend on what property your mother still owns at the time of her death and what your mother's will says.

Who does your mother's will name as executor? What sort of relationship do you have with your mother? What personal property does your mother own which is located in the property she conveyed to you? Where does she live? The answers to these questions may have some bearing too. If you have a good relationship with your mother and if she owns something in particular that you would like to have, let her know and make sure that it is written into her will. You do not indicate how old your mother is and I hope that she will remain among the living for awhile. If that is the case, then she should periodically review her will and meet with a good estate planning lawyer to make sure that her will and overall estate plan is consistent with her wishes.

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Answered on 11/06/12, 4:59 pm


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