Legal Question in Wills and Trusts in Pennsylvania

My mother passed in 2009 and did not specify how her money should be divided in her will. a grandson whom she reared was on the account and he has chosen not to share any of the funds with her biological children. She did leave a will but unfortunately there was no mention of her bank account and I was wondering as the Executrix if there was any legal avenue I could pursue to get him to divide whatever was in the account at the time of her death with her 4 children?


Asked on 1/05/11, 9:19 am

2 Answers from Attorneys

Dustin Cole Cole Law, LLC

Savings account trusts and joint or survivor bank accounts are valid will substitutes. The deposit of money in a bank in the names of two persons "with right of survivorship" is generally effective to give the survivor the absolute right to all of the money. The issue in your case is; was the bank account designated as a "right of survivorship" account or could it be considered a trust. If either of those situations are true, the grandson has a valid right to the money. The fact that no mention is made in the will would likely be a non-factor. If you would like to speak further about the issue, and provide more information, please feel free to contact me directly. 724-981-1962/[email protected]

Read more
Answered on 1/10/11, 11:52 am
Miriam Jacobson Retired from practice of law

Even if a specific asset was not mentioned in the will, it is subject to the will, probably as part of the the residuary [what's left after specific bequests].

You certainly may require information and turnover of the account, depending how it was titled. If his name was on the account merely for convenience, to assist your mother in accessing it, it is part of her estate. If it was jointly titled in your mother and her grandson, and it can be shown that her intent was that he also be an owner of the account, it may be his alone, and not part of her estate.

The will can leave parts or all of the estate to anyone the deceased wanted, not necessarily only biological children.

If you were named executrix, you should be probating the will and going through the estate administration process. If the administration of the estate is posing problems, such as not being able to gather all of the assets and information, you should get an estates lawyer involved to help you.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 1/10/11, 12:04 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania