Legal Question in Wills and Trusts in Pennsylvania
Patent ambiguity in the Will causing unanswered questions. I'm a beneficiary , if I petition the court does the estate have to pay my attorneys fees? Attorneys have called the Will a mess.
1 Answer from Attorneys
No the estate does not pay your attorney fees. The will is what it is. You can be mad at the person who made it. If its that much of a mess, it might be cheaper in the long run for the personal representative and all the heirs/benefciaries get together and work out a family settlement agreement. It will save the estate and you legal fees. The estate pays the fees for the personal representative unless the personal representative has caused a loss to the estate by his her malfeasance or misfeasnce
In the alternative, if the will is really that much of a mess, why not have the personal representative file a declaratory judgment motion and ask the court to construe the will and figure out what the testator intended? Of course, the court might not construe it in y our favor. That is why I think a family settlement agreement would be better - at least the parties will work out something that is hopefully as fair as possible and save everybody bad feelings and lots of legal costs. Litigation is very very expensive.