Legal Question in Wills and Trusts in Pennsylvania

can a will be voided an a new will replace it

my father passed away in 1985 he had a will done - since then a new will has been done by my step mother and I really do not know what it states. my question is the original will clearly states that everything be divided equally amoung the children upon my step mothers death. she has passed away and i have no way to find out what the new will states and i live in another state. do i have any legal rights to the orginal will? i may need legal representation and need advise on how to handle this situation. the will was done in carlisle pa. and i live in denver , colorado.


Asked on 11/05/05, 12:48 pm

1 Answer from Attorneys

Francisco Romero F.L. Romero Esq., P.C.

Re: can a will be voided an a new will replace it

When a second will is created the intent is for it to replace a prior will - most (good) wills even include express language to the effect that the testator is revoking all prior wills and/or codicils (amendments to existing wills) - so generally speaking, the old will is no longer valid because it has been revoked and replaced with the new one. Between your father's will and step mother's will you are talking about apples and oranges - if your father's will passed everything to step mom, then it became her property to do what she wanted with, including disposition at her death. She may well have decided to pass it to her blood relatives rather than step children (unfortunately, this is very common in blended family situations). Wills are public documents once they are filed with a court for probate, but state law varies on this. If this is a PA will for a PA resident who died in PA, then you will need to hire a lawyer in PA to help you. If the will was filed (usually in the county where the deceased person lived), then you may be able to obtain a copy and learn what it provided for. If the will was being probated, you most likely were not included as an "heir" who would be entitled to notice of all the probate proceedings because you are a step child - a relationship that ended when your father died. You really have no rights to your step mother's estate. This type of problem may have been avoided if your father's estate plan would have utilized something other than just a will that passed his assets to step mom (like a trust for the children), but that may have been what your father intended. I don't think you have a lot to work with here, but it can't hurt to retain a PA lawyer to at least explore your options.

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Answered on 11/07/05, 12:09 pm


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