Legal Question in Wills and Trusts in Pennsylvania

Its way too soon for an estate to be opened since your father just passed away. For pete's sake - the man died a little more than a week ago! The step-mom does not have to show you the will in advance of death. I would allow her a reasonable time to probate the estate (and any heirs will have to be given notice - See Orphan's Court Rule 5.6 (if this is in PA) - Notice to Beneficiaries and Intestate HeirsL

(a) Requirement of notice. Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted or the personal representative�s counsel shall send a written notice of estate administration in the form approved by the Supreme Court to:

(1) every person, corporation, association, entity or other party named in decedent�s will as an outright beneficiary whether individually or as a class member;

(2) the decedent�s spouse and children, whether or not they are named in, or have an interest under, the will). You will then be able to get a copy of the will at that time. If the step-mother refuses to probate an estate, application can be made to the register of wills (assuming this is a PA estate) to compel your step-mother to produce the will and probate an estate if warranted.

As for life insurance, this is a non-probate beneficiary designated asset. It goes to the named beneficiary.

This may come as a shock, but a parent does not have to leave a child anything at all if the parent so chooses. So if your father had a will, then his assets are to be distributed as per the will. If the will is deemed invalid, then the probate estate will pass to the surviving spouse and the decedent's children.

You do not indicate what your father owned, how it was titled and if it was a probate asset. If he had land that was owned with his wife, that passed to her. If he named her on an insurance policy, that would also pass to her.

You and your brother never should have paid for the funeral. That is an expense of the estate for your father. You and your brother will have to file a claim for reimbursement when the estate is probated.

This is already shaping up to be a nasty case. I suggest that you may want to consult a probate attorney in the county/state where any estate would be probated. Since we are so close to year's end, I would see if you get a notice regarding the estate shortly after the new year. If not, then consult the probate attorney regarding compelling production of the will.