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Need Help on Will

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nlb3rd

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania We have a real problem and I'm not sure what our rights are. My wife's father just died a couple of weeks ago, and her sisters and her mother are not telling her what his will stipulates. She and I are quite certain that he left her something(monetary), and they're not even telling us who the executor is. My question is can we hire an attorney to look into this for us. Does she have the right to see his will. What concerns us the most is that her sisters are trying to somehow "rework" his will to cut her out. Her one sister said that if we press for answers we "wouldn't see a thing". Please help. Again my main question is does she have a legal right to know who the executor is and to view his will?
 


nlb3rd

Junior Member
Need Help with Will

Can any lawyer do that? In other words can I hire my own attorney to open probate?
 

nextwife

Senior Member
somebody will need to open probate so the will can be probated and certified

Registers of Wills in Pennsylvania
Somebody MAY need to open probate so the will can be probated and certified. It depends upon how his assets are titled.

It is possible that a decedant owned all marital assets in such a way that the co owner becomes the full owner upon their death. Insurance, 401ks, IRAs would all go to the named beneficiary. When my dad died EVERYTHING went to my mom (we never thought it should be otherwise, because they accrued it all together).
 

justalayman

Senior Member
the point being there is a will. Unless the will concerns only items you speak of, probate will need to be opened.
 

TrustUser

Senior Member
this is a situation in which i would be pro-active. if everything was on the up and up, why would some sisters be trying to keep another sister from seeing the will ?

whether you press or you dont press doesnt change the content of the will. and you shouldnt have to press, cuz they should be showing it to you.

in other words, time is not on your wife's side.
 

latigo

Senior Member
READ THIS.

Here is how you can bring that will out of the woodwork, if one truly exists and quickly.

Have your wife’s attorney make a written demand upon the persons that may have such a will in their possession or control that it be promptly filed it with the Register of the appropriate Pennsylvania court.

And if not done so post haste, that you intend to enforce its production by following the procedure provided by Pennsylvania law; to-wit:

Enforcing production of will.
The register, at the request of any party in interest, shall issue a citation directed to any person alleged to have possession or control of a will of a decedent requiring him to show cause why it should not be deposited with him. In the absence of good cause shown, the register shall order the will to be deposited with him.”
Section 3137 - PA Probate Estates & Fiduciaries Code (Title 20)
 

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