Legal Question in Wills and Trusts in Pennsylvania

If a death occurs with no parents alive, an exwife, underage children and only 4 siblings, can one of the siblings stop the other sibling from opening the estate because of his mental state?


Asked on 1/20/10, 12:25 pm

1 Answer from Attorneys

Lloyd Welling American Wills & Estates

I can't really tell from your question what exactly the situation you have is. Who died? I am guessing that one of your siblings passed away and that he is survived by an ex-wife and some minor children. If same is the case, the next question to be addressed is whether or not your sibling that died had a Will. If he did and he named an Executor then that person could go and open the estate without getting anyones permission. However, if your sibling had no Will and is survived only by minor children, then nobody can open his estate without obtaining permission from all of the siblings to be appointed as the Administrator. This can get complicated. If you'd like to discuss further, you may contact me directly either through our firm's website at www.americanwillsandestates.com or by email at [email protected]. Thank you.

Lloyd A. Welling, Esq.

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Answered on 1/25/10, 2:34 pm


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