Legal Question in Wills and Trusts in Pennsylvania
Petition for adminstration hearing
My cousin is going to present a will that we know is not the correct one. But due to a mistake by one of the heirs, he's the only one that has a copy of the correct will. We have a petition hearing in about two weeks. We have a lawyer to represent us, but he does not seem too interested in letting the courts know that my cousin will not be presenting the correct will. He says we do not have to show up, only the attorneys. Are these proceedings open to the public, or do we have to wait to see if a full hearing is granted. Also the other heirs daughter had the will and sent it to him. She lives out of town. Is there any way we can get her testimony. This is a very small estate, but a persons' wishes should be carried out.
2 Answers from Attorneys
Re: Petition for adminstration hearing
A "wrong" will should not be admitted. You may attend the hearing and offer testimony why the will should not be admitted.
You may also seek to have the correct will admitted to probate. If you do not have the original of the "correct" will, it is also possible to file a photocopy, but it requires more paperwork and procedure. The Register of Wills Office may be helpful and offer suggestions for how you should proceed.
Re: Petition for adminstration hearing
I'm not sure what you mean by the wrong will or the correct one. If there are only copies and no original signed Will, then either copy may be the one that is admitted if enough evidence is produced to show that it is the one that reflected the intent of the Testator. However, a copy may not be sufficient even with testimony and evidence because a person may revoke a Will simply by destroying it or ripping it in half and the court may simply rule that the property passes according to the intestate laws where no original is available. The chances of getting one or the other admitted to probate are better if the will was at least witnessed and the witnesses are available.
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