Legal Question in Wills and Trusts in Pennsylvania

Re: Settlement of estate

If your mother's intent was to split the mutual fund between you and your sister, then you would each be entitled to half of the account. Did your mother have a will that would make her intent more clear? That is the main question here - what was your mother's intent, and what evidence did she leave of her intent? Your sister's threat to tear up the check doesn't mean that the money disappears. The money would still be held by the mutual fund company until the rightful owner shows up to collect it. It simply would require one or both of you to go back to the mutual fund company and have the check re-issued. If you have proof that your mother intended for you to split the account between the two of you, then take that proof to a lawyer and he will be able to sort things out. If you and your sister can agree on how the proceeds should be divided, then get your agreement in writing, and then send the check back to the mutual fund company with a copy of your agreement, and have them issue separate checks to each of you. That way your sister can not renege on her agreement and force you to sue her in Oregon.