Legal Question in Wills and Trusts in Pennsylvania
My grandfather just passed away and my father passed away in 1994. My grandfather was an estate lawyer and his secretary who typed up his will recently told me that his will stated that his money would be split between his four sons and if a son passed away then the money would go to the children of that son. Now that my grandfather is gone, my uncle who is an attorney also and is the person handling everything, told me and my sister that the will stated that my dad's money is supposed to go to the "other sons" and not us, so we get nothing. My other two uncles are saying that he changed the will and that he is taking money that is not his. My grandfather's old secretary is standing by what she read and typed. What can I do about this?
1 Answer from Attorneys
See a probate lawyer.
While the secretary of your grandfather means well, is it possible that your grandfather revised his will and that the old secretary did not know about it? If that occurred, when was the will made? What was your grandfather's mental condition at the time he made the new will?
Have you ever seen the will? I would not rely on just what the secretary said. I would like to see the will. It may be that your grandfather revised his will to state that if a child dies, the assets go to the surviving children and grandchildren get nothing.
Wills are a matter of public record. I would go to the county/state where the will was probated and make a copy of the court file. If there are questions surrounding any new will or codicil to your grandfather's will, then I would get a probate attorney in the area to review this matter and advise you as to whether a caveat (challenge) to the will can be made and the likelihood of success. I don't know what assets there are and a caveat is going to be expensive so you and your sister would have to get enough to make a caveat worthwhile.
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