Legal Question in Wills and Trusts in Pennsylvania

Re: wills and estates regarding orphans

If you are interning with a law firm or public interest agency, try asking the paralegals for suggestions and help. They usually know more than we [speaking for myself and others] the lawyers know, especially procedurally.

This probably would be a petition in the Orphans Court of the county. If you have access to the PEPH site [www.peph.com], many forms are available, but mostly as to format. You'll have to prepare the specific facts and circumstances.

There should be a good reason why the minor's interest is being waived, or given up. Even if it involves real property, it might be better to have the other intestate heirs, if any, agree to sell the home and share the proceeds with the minor. If the minor needs special care, it may be possible to put the proceeds directly into a Special Needs or Supplemental Needs Trust, so as not to disqualify the minor from entitlements and benefits s/he will need.

This sounds like a pretty hefty assignment for an intern. You may want to discuss these issues with the lawyer who assigned this to you, so that you have better guidance.

[I remember when I was a summer law clerk - too scary]

Good luck!