Legal Question in Wills and Trusts in Pennsylvania

does an older brother have any more right to hismother's property that his younger brother? They are not executors, I am.There is a disagreement over jewelry.


Asked on 3/13/12, 4:51 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

What does the Will say? As executor, you are bound to follow the directions in the Will.

If there was no Will, the Intestate Succession statute governs. It does not give preference between siblings according to their ages.

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Answered on 3/13/12, 6:26 am

Read the will. Since you are the exsecutor chances are that there is a will. There are many ways to divvy this up if the will does not specify. If the will gives you sole discretion, you can sell it and divide the proceeds between the heirs or you can decide who gets what. You can have an auction where even the heirs can bid on it. You can also value the jewelry and have the heirs take turns selecting pieces until all the pieces have been taken and hope that the pieces are of equal value. If they are not, maybe other assets can be used to make their shares equal or in whatever percentage they get as per the will. You can also have the brothers draw straws or go in alphabetical order or by age. There is no magic bullet but you need to be fair to both of them and if they are going to fight and if the will gives you the decision-making power, then tell them you will sell it and divide the money. That is what the court would do if a decision could not be made.

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Answered on 3/13/12, 7:51 pm


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