Legal Question in Wills and Trusts in Pennsylvania
Here's my question. My sister in law, Cherie, recently passed away. Cherie had 2 kids and she lived with a "roommate" for many years. Everyone, including the 2 kids, agreed that, when Cherie died, the 2 kids weren't responsible enough to handle a big inheritance. They'd blow it in no time. So Cherie told us that she was writing her will to leave everything to the roommate, with the understanding that the roommate would use the money to financially take care of the 2 kids, and when the roommate dies, the kids would then get Cherie's inheritance.
Cherie died in January of this year. But now the roommate seems to have the attitude that "it's her money now" and the hell with saving the money for Cherie's kids. We're also concerned that when the roommate dies (she too is in bad health), all of the money will get left to her nieces & nephews, not Cherie's 2 kids.
Here's what I was wondering: If nothing was actually written into the will about protecting some of the money for Cherie's kids, can anything be contested on the basis of strictly verbal conversations between Cherie and her sister, who is my wife ? Also, does a family member like a sister have a legal right to see a copy of the deceased sister's will ?
1 Answer from Attorneys
No. If it was not written then it virtually does not exist. You can see if Pennsylvania would somehow let these oral statements control, but if there was a will, it is my opinion that will be relatively unlikely. If Cherie wanted to plan and have her kids taken care of, she needed a will with a testamentary trust and she could have named the roomie or anyone else as trustee. Then, the trustee would be obligated to hold and manage the funds for the kids,
However, if there is no will, then the roomie does not get the money UNLESS this was an insurance policy or some beneficiary designated asset like that in which case the funds would be paid directly to the roomie and the roomie can use the funds any way that they want.
Wills are a matter of public record. Go to the Orphans' Court (if Cherie lived in PA at the time of her death) in the county where Cherie resided and see if the will was submitted. However, if there is a will, who is the executor? The roomie? What does the will say? And how old are the kids?
My suggestion would be to have your wife speak to a probate attorney if the children are under 18 and see what the will says and if there is a testamentary trust in the will.
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