Legal Question in Wills and Trusts in Pennsylvania
is there a time frame to bring forth a will
My father passed away almost two years ago, from cancer.He was hospitalized for two weeks prior to his dying.They discharged him home(friday) by ambulance with hospice.He died early sunday morning.We later found out,his girlfriend made arrangements with someone from the courthouse to come to his home on friday, to apply and fill out a marriage application. we did not know of this marriage until we read it in the obitutary. I called her and asked her son when they got married he told me that saturday.his uncle who is a minister married them.Little did we know on saturday when we were visiting my lethargic father,earlier that day he was married. dont know how he signed the application,when he was lethargic and under the influence of narcotics.On application, the area was checked that he was not under the influence of narcotics.We went to the courthouse,thankgod the marriage was invalid because he died before the three day waiting peroid. On death certificate it states she is the wife.My father had a will, my sister has a copy ,but we were informed by her, he changed it.She has not yet brought forth the will. The home is in my fathers name.What can we do in all of this mess.You would not believe what she has put us through thanks
2 Answers from Attorneys
Re: is there a time frame to bring forth a will
Any of his children can apply to be issued letters to administer the estate. If someone holds a valid will they will receive notice and if they have a valid will they will present it if not someone will be appointed to administer the estate under the states intestecy laws.
Good luck to you.
Re: is there a time frame to bring forth a will
Mr. Brown is correct in his statement of the possibilities.
You may also go the Office of the Register of Wills in the County where your father resided at the time of his death to find out if an estate was opened. If you feel that the person who opened the estate was not entitled to do so, you may contest the will, if one was filed. If will was filed by the estate was opened, you may seek to have the appointment of the personal representative of the estate revoked and to issue new letters of administration to you and your siblings.
You may seek the services of a probate or estates lawyer in that County to assist you.
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