Legal Question in Wills and Trusts in Pennsylvania

Unsure were to start

My father recently past away. My brother an I are trying to find out if he had a will and life insurance policy. He retired 5 years ago as a federal employee. We don't know where to start. His wife and sister are unwilling to provide any information to us. Where do we start? My father was living in Las Vegas with his wife and his sister lives in Pennsylvania. I'm currently in the service and reside in Virginia. We believe he made a will in Pennsylvania prior to moving to Las Vegas.


Asked on 1/17/06, 8:55 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Unsure were to start

First, if he was a citizen of Nevada at his death, then Nevada law would govern his estate

and inheritance from him, including rules about

requiring people to produce the will.

Second, if he was a federal employee, and

retired, it is likely that he designated a

beneficiary on his Thrift Savings Plan and

perhaps other retirement documents and that might

be his most significant asset. This may be

inherited outside of his will. If he designated

one or more beneficiaries, that would be honored

like a contract, and would NOT flow through his

will.

Third, under the laws of most states, and I would

imagine under the laws of Nevada, although I do

not know, since I am a Virginia attorney, a

likely heir is entitled to KNOW if there was a

will and what it says about you. I don't know

how to go about enforcing those rights in Nevada,

but you should seek advice from a Nevada attorney.

Fourth, you should try to find information in

Pennsylvania. If he lived in a smaller town,

you may be able to call the lawyers in that

town that do wills and ask them if he was a

client. If he was, they would have a copy of

the will. You can go to martindale dot com

and search by the area of practice that the

attorneys participate in, to find those likely

to have drafted wills in that city or town.

Read more
Answered on 1/17/06, 9:20 pm


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