Legal Question in Wills and Trusts in Pennsylvania

Does a personal by have to probate a will?

My step mother has not filed my father's will. Since she is next of kin all of his estate goes to her. I know for a fact I was mentined his will, but have to proof to collect was left to me. Can I with the help of legal council force her to probate the will? I know that the statue of limitations can be years and he only passed over a month ago, but she has already claimed the insurence money, some of which went to his estate, because the beneficiary already passed. What do you think I should do?


Asked on 6/23/06, 8:20 am

1 Answer from Attorneys
Jay Hochberg

Re: Does a personal by have to probate a will?

Regardless of whether there is a will, you are entitled to a portion of the estate. The laws of intestacy entitle you to money. Here is a link that explains the law simply and clearly:

http://extension.aers.psu.edu/LAW/ThePAIntestateLaw.pdf

You should find an attorney to help you with this. Good luck.

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Answered on 6/23/06, 8:26 am


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