Legal Question in Wills and Trusts in Pennsylvania
my rights as an heir to an estate
My grandfather died a year ago and I was told that I am mentioned several times in his trust. I have asked several times,from his representative for a copy of the trust, so i can be sure his wishes are being carried out. she has told me that i could not get a copy. i called her about a week ago since i hadn't heard anything and she stated the house was sold and i would be getting a release form to sign and return. i would like to get a copy of the will, but seem to be getting no where in my request. please tell me what my rights are. thank you in advance.
2 Answers from Attorneys
Re: my rights as an heir to an estate
If this Will has been filed for probate, you can get a copy at the Register of Wills for the County where he resided at the time of his death. As an heir, you have the right to petition the Orphan's Court to open an Estate, so you can act as the Administrator. That Court could also assert jurisdiction over the Trust. Please contact me at the numbers listed below with any further questions.
Re: my rights as an heir to an estate
Under most circumstances, as your grandfather's heir, you are an "interested person," who, by statute, may petition the court to commence formal probate. In this type of proceeding, you can ask that the court set aside the informal probate of the will, if your grandfather's personal representative is not abiding by the terms of the will. You may obtain a copy of the will through this formal process. You mentioned that you are named in your grandfather's trust. If a trust has been created, you may similarly request that the court's involvement concerning the administration of the trust and the determination of your rights with respect to that trust. I hope this information is helpful.
Best of luck to you.
Tawni L. Cummings, Esq.
DISCLAIMER: No attorney - client relationship exists, or is in any way created by, this communication. The general information given is intended to be a starting point only by describing general aspects of the law - it is important that you consult with an attorney with regard to your specific legal rights.