Legal Question in Wills and Trusts in Pennsylvania

Am I an heir in this will?

My step father passed away in 2000 and in his will, left eveyting to my Mom, and if she didn't survive, then her children would be beneficiaries. My Mother was the beneficiary and is still living. She does not think she has to make out a new will because her husband stated in his will that if she did not survive, the property and everything he owned would go to the children. The will was written in 1998 and he passed away in 2000. Does my Mother need to make a new will? The property is in both of their names and my Mother has made me Power of Attorney on her bank accounts. The original will was written as ''I, John Doe'' not as ''We'', ''John Doe and Mary Doe''. My Mothers name was only written in the will as an heir or beneficiary. Please advise on this situation.

Asked on 9/02/06, 11:10 am

2 Answers from Attorneys

Dan Brady Brady, Nordgren, Klym & Morton, PLLC

Re: Am I an heir in this will?

Mother needs to make her will. The father's will only left the property to mother. It does not dispose of the property to children in the event of mother's subsequent death. It only disposed of the property to the children if mother predecesed father. Mother needs a will.

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Answered on 9/04/06, 9:37 am

Greg Artim Law Office of Karen L. Myers, P.C.

Re: Am I an heir in this will?

in addition to what the other attorney stated, you cannot have a Will for two individuals. each person must have their own will.

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Answered on 9/05/06, 1:48 pm

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