Legal Question in Wills and Trusts in Pennsylvania
Probate
Decedent died a month ago. His stepdaughter living at home has given use of his car to her granddaughter. There is probable cause to believe there is a will. She seems to be stalling probate. Is there a way to force probate of the estate as it includes real property, perhaps a large bank checking account. Stepdaughter may or may not be a beneficiary but may be stalling as long as she can so that she can use the property and perhaps deplete the assets. A possible beneficiary could be my daughter-in-law.
1 Answer from Attorneys
Re: Probate
You have not indicated your own or your daughter-in-law's relationship to the decedent.
Was the stepdaughter ever legally adopted? Are there closer relatives, like a surviving spouse, children of decedent, parents or siblings of decedent? All of these, in the order prescribed in PA law, have the right to administer the estate and are also intestate heirs, if there was no will.
If you are such a relative, you may go to the Register of Wills Office in the County where the decedent resided at the time of death and ask to file a "Caveat". This means that you will be given notice if someone tries to open an estate, so that you will have the opportunity to object if you believe [legally speaking, not just that you feel] that they are doing so under the wrong circumstances.
You may also yourself seek assistance from the Register of Wills in requiring the stepdaughter or other relatives who may have a will to come forward and file it.
If you can, you should consult with a local estates lawyer for assistance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
