Legal Question in Wills and Trusts in Pennsylvania
re-writing a will
My father in law passed away 3 years ago.He married his girlfriend of 4 years on his deathbed so she could collect his pension.He left everything else to his three children.I am married to his son. His estate was complicated and we were fearful we would need to sell his home (worth $300,000) to satisfy estate tax.My sister-in-law decided we should convey the house to our new mother-in-law so there would be no estate tax and she would be ensured a place to live (she had been living in the home for about 9 months before the death).To avoid losing the house, we all agreed to convey the property to the woman but only with the understanding that if she sells it she would give us each 1/4 the proceeds and could keep 1/4 for herself.We also asked her to leave the home to us in her will because we didn't think it was appropriate for her sons to inherit our family home.Sister-in-law was supposed to explain what we planned to do and get new step-ma to agree before anything was changed in the will. This never happened and new step mama has become possessive and nasty. Stepsister, unknown to me but Ok'd by my husband also had all of the family possessions and a mercedes conyeyed ''to save more tax money''. Can anything be done legally?
2 Answers from Attorneys
Re: re-writing a will
So they gave everything away to avoid paying a minimal tax. Did they also fail to consult an attorney because we are too expensive?
Well for a reasonable fee I would be happy to review what has been done and discus options with any of the principals in this matter.
If I can help let me know.
Re: re-writing a will
Wills cannot be "rewritten" after the person has died. However, it is possible to have family settlement agreements that change the terms of the will, if all heirs agree.
An estate should have been opened for your father in law before any transfers were made. Part of the legal administration of an estate is to find out what all the debts of the deceased were, and all the assets, pay debts and taxes BEFORE distributing any remaining assets, and only after all of those liabilities have been paid can any of the estate be transferred. Only a person appointed by the Register of Wills as the personal representative of the Estate has any legal authority to deal with the estate, and other transfers may be invalid if they were not properly done.
I agree with Attorney Brown that the inheritance tax would probably have been minimal, so taking certain steps to avoid it were probably not needed.
There is no way to force a person to make a will in a certain way once property has been transferred. It would have been possible to give step-mom a life estate in the home, so that she could continue to live there, and after her death [or other provision if she abandoned the home], it would become the sole property of the sons of your father in law.
If everyone agreed on the actions, there is little that could be done at this point. Your husband and his siblings may consult an experienced estates lawyer in the county where their father resided at the time of his death to find out what options they have, if they desire to take any further action.
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