Legal Question in Wills and Trusts in Pennsylvania

Will is in possession of another family member, what rights as an heir do I have

Facts: My grandmother passed away on 12/31/03. She had 2 children, my father(deceased in 1985) and my aunt. My grandmother owned a house and my aunt lived there with her (is about 40 and never moved out). Gramma also owned some valuable coin collections, silver sets, jewelry, IRA, bonds,etc... There is a will, my aunt says she has it, but refuses to give me the attorney's name and has yet to provide me with a copy. She said that she would show it to me ''once all of the paperwork is finished and inheritance taxes, medical bills, and funeral costs are paid.'' Original will left the property to my aunt, my brother, and I. Aunt claims the new will left it entirely to her, but acknowledges that my brother and I are still listed as heirs.

Questions: Do I have right to see the will? If so, how do I obtain a copy of it under the current circumstances? Is there a time limit on how long she has to provide me with a copy? Does my aunt have the right to give away my grandmother's belongings to her friends?(i.e. jewelry, furniture, sentimental items, etc...)

Any information is appreciated.


Asked on 2/19/04, 3:03 pm

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: Will is in possession of another family member, what rights as an heir do I

You may check with the Register of Wills office for the County in which your grandmother resided to see if the will was filed with the Register of Wills . When the will is probated (filed), the executor should give you (and the other heirs and beneficiaries) a written notice letting you know that, and also either enclosing a copy of the will or letting you know the office in which it was filed, so that you may look at the will or ask for a copy from the Register of Wills. Often, the Register of Wills will respond to telephone inquiries as to whether a will was filed yet.

If you know the attorney who will represent the estate, you may inquire of her/him.

You may have the right to file an objection, known as a "caveat" with the office of the Register of Wills, which would entitle you to receive notice if anyone tried to probate a will or apply for Letters of Administration, so that you would have an opportunity to object, if no filing has already been made. You may also object after such filings have been made, but there are time limits, so you should investigate immediately to find out if anyone has filed a will or applied for appointment as Executor.

Your aunt does not have the right to do whatever she pleases with your grandmother's possessions. The disposition of your grandmother's possessions is governed by the will, and it is the executor's responsibility to pay all debts and taxes of your grandmother, and then distribute the estate according to the terms of your grandmother's will.

You and your brother may want to try to confront your aunt together, to demand that she show the will to you and give you the name of the attorney. If your aunt lived with and cared for your grandmother over a long period, it is also possible that your grandmother made a new will. A new will acts to invalidate an older will. If your grandmother was infirm and you feel that your aunt influenced her to change the will in her favor, you may want to consider contesting the will.

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Answered on 2/19/04, 3:40 pm


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