Legal Question in Wills and Trusts in Pennsylvania

I assume your grandfather was in PA. PA law provides for a five (5) year period:

20 Pa.C.S.A. � 3521

� 3521. Rehearing; relief granted

If any party in interest shall, within five years after the final confirmation of any account of a personal representative, file a petition to review any part of the account or of an auditor's report, or of the adjudication, or of any decree of distribution, setting forth specifically alleged errors therein, the court shall give such relief as equity and justice shall require: Provided, That no such review shall impose liability on the personal representative as to any property which was distributed by him in accordance with a decree of court before the filing of the petition. The court or master considering the petition may include in his adjudication or report findings of fact and of law as to the entire controversy, in pursuance of which a final order may be made.

If you just want a copy of your grandfather's will, you can go to the county where the estate was probated and look at the estate file. Depending on when the death occurred, this might be on microfilm if it is old.

A lot more information is needed. You do not tell me when this allegedly bad behavior of your uncle occurred and I do not know whether any action at this time is barred. You also do not indicate if your mother is alive. Either she has to bring any action on her own behalf or she may be able to give you a power of attorney to do it for her. If she is also deceased, then there are time limits for bringing any claims on behalf of her estate.

In sum, review the will and the account showing the distribution of your grandfather's estate. Determine if your mother/your mother's estate is within the 5-year period for challenging the distribution. If not, determine when the bad acts of your uncle occurred and if there is still time for your mother or her estate to assert any claims against your uncle. It may be that the time has not expired, but it would seem that having anxiety is not enough to extend the time although I am not a medical doctor. If you are questioning what your uncle did, it may be wise to consult an attorney that specializes in probate or civil litigation and see whether any sort of action can be brought at this stage. The attorney will then be able to thoroughly evaluate all of the information.