Legal Question in Wills and Trusts in Pennsylvania
Is there another valid will ?
The deceased was bedridden and asked his attorney to come to his home a few days before his death. The attorney and his assistant complied and arrived while I was present. I am certain that modifications to the original will (1997) were made at this time. Death occurred the night before the attorney was scheduled to come back to the house.
I believe the executor had a copy of the 1997 will and she has filed that original will from 1997, with the county. I am not in a position to comfortably question the executor on the matter of modifications to the will.
Is it common practice to have the written draft (or modifications) signed and witnessed at the time the modifications were made? If so, would this be a valid codicil to the original will? If I were to contact the attorney is he permitted to tell me the status on that draft/codicil or any other modifications made subsequent to 1997?
1 Answer from Attorneys
Re: Is there another valid will ?
You have not stated your relationship to the deceased. If you are a family member, you would be entitled to notice of the filing of the will for probate, and would also be able to initiate proceedings to find a later will or codicil, if there is one.
Were you present the entire time when the attorney and assistant met with the deceased? It is possible that a new will or codicil were created, signed and witnessed at that time. If it was properly witnessed and signed, it would be valid.
The executor is bound to file the latest will. If you suspect that she filed an earlier will, you should contact the attorney to find out if a modification was made during the attorney's visit to the deceased shortly before death.
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