Legal Question in Wills and Trusts in Pennsylvania

The only way for your mother to learn about her options is to consult an experienced estate lawyer in the county where the deceased person resided. Your mother should consult with that lawyer, and bring along a copy of the newer will and the previous will, as well as a chronology of events that occurred during the from before the first will to the present time.

Without a thorough review of the documents and information, no one would be able to advise her on this.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

The mere fact that your relative died and left money to charity is not proof of something nefarious. The relative may have had a good reason. However, it may seem odd that the relative left his/her money to charities on which the financial planner sits.

You can only successfully bring a caveat action if you can prove that your relative: (1) did not have sufficient testamentary capacity, i.e., he/she did not know what she owned and/or who would be the natural objects of his/her bounty; (2) undue influence by the financial planner to steer money into the charities on which he sits; or (3) fraud.

Litigation is expensive. What sort of evidence do you have that your relative was off his/her rocker? Subject to undue influence? What evidence do you have of fraud or undue influence by the financial planner? You are going to have to talk to your relative's doctors, friends, kin and neighbors and perhaps get them to testify. Also, how much money is at stake and how much would you and your mother inherit if you succeed in getting the will tossed out? The old will is not necessarily revived. Rather, your relative's estate would be governed by the intestacy laws of the state where he/she lived at the tme of his/her death.

What I would do is find a probate litigation attorney in the county/state where your relative lived and discuss the pros and cons of bringing a caveat action and if you succeed, find out what the ramifications will be.