Legal Question in Wills and Trusts in Pennsylvania

Re: wills

I can understand what your father is trying to do, but the proper method to provide something for your sister is to create a trust for her benefit that has appropriate restrictions in it.

I hope that your father is still living and can consult a local lawyer who has experience in creating Supplemental Needs Trusts, rather than making you the "heavy".

I also do not think it is proper and possibly not enforceable to authorize an executor to decide what should be given to an heir. Who should receive assets or benefits from an estate is a decision that should be made by the parent creating the will.

Re: wills

She can not contest the will just because she does not think it is fair. The only way she could contest the will is if she alleges that your father lacked capacity to make the will or the you unduly influenced him.

In order to better try and avoid those claims, I would make sure that the will was drafted by an attorney, was properly executed and you are not a witness.

If you have any questions, plesae feel free to contact me. I do give free initial consultations. 412.731.0865.