Legal Question in Wills and Trusts in Pennsylvania
I need to know if I need to have another will drawn up for my Mom. (age 92) She lists both myself & my sister (who is deceased) as beneficators in her earthy possessions.( My sister just passed this year). We were both named as executors in case one of us could not do it or if one was deceased. Can I just present a death cerfificate for my siser or do I need to have another will drawn up?
2 Answers from Attorneys
Its hard to answer the question without actually seeing the Will, because it may depend on the language of the Will. Generally, though, I would expect you to be OK with the current Will.
The language contained in the Will is definitely what's important. Namely, if the Will makes reference to the term "per stirpes" or "issue", it may mean that if your deceased sister had children of her own that her share of your mother's estate would pass to them. If this is not what your mother wants, then the Will might need to be changed. If you would like to discuss this matter with me, please feel free to contact me directley either through our website www.americanwillsandestates.com or by email at [email protected]. Thanks.
Lloyd A. Welling, Esq.
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