Legal Question in Wills and Trusts in Pennsylvania

My sister & I lost mother when we were young, everything went to our father (which is understandable) because she had no will. We recently lost our father and his wife says everything was left to her. She first showed us a will that had signatures by witnesses and not my father,(which had us question the will being the way it was written up and without him signing it) then she had a layer send a copy that was signed. Why would she even have a copy without my father's signature but signatures of witnesses on file. We also believe he had one written up just a few years ago as well, but don't have a copy. She had her lawyer tell us that in the state of PA that everything goes to the wife, so there is no reason to probate. Which means we have no rights? Or is she not probating because there is another will or my father didn't know about the first will to begin with? Can we forced her to probate would we have any rights from that point? Also as we were in the hospital with dad she was on the cell phone gift jointing all of his investments which makes no sense at all. Can anyone help?


Asked on 6/24/12, 8:05 am

2 Answers from Attorneys
Miriam Jacobson Retired from practice of law

Under Pennsylvania law, when there is no will, the property goes according to the Intestate Succession Statute. This does give the spouse the first $30,000.00 plus 1/2 of the rest of the assets in the estate (after the taxes and debts have been paid.) The remaining assets would go to the children.

If there were remaining assets after your father's share, the balance should have been held in trust for minor children.

Depending on how old you were when you mother died and how old you are now, you may still have rights to go to the Orphans' Court in your county to seek an accounting from your father's wife and to challenge a will, if there was one and it was admitted to probate. You should consult with an estates lawyer as soon as possible. The time for you to be able to do this may already have passed, but if it is close and you wait, you will lose the opportunity.

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.

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Answered on 6/24/12, 10:28 am
Sharmil McKee McKee Law Office

The purpose of probating an estate is to determine the validity of a will. It sounds like you want to challenge the validity of his will. Thus probate is the solution to your problem. Even if there is no will, you may still be entitled to a share of his assets. You should talk to an attorney immediately; don't wait until your step mother has distributed all the assets to complain. Good luck.

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Answered on 6/24/12, 7:37 pm


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