Legal Question in Wills and Trusts in Pennsylvania

dads will not valid?

My father recently passed away and had a will. He left a sum of money to me as well as my siblings. My fathers wife recently told me the will is invalid because he did not have a seperate account set aside for the amount left to us in the will. Do my siblings and I have any recourse in this matter. Also, do you have to set aside in a seperate account for whats in a will? Thanks in advance for any help in this matter.


Asked on 2/12/04, 7:48 pm

1 Answer from Attorneys

William L. McLaughlin, Jr. McLaughlin Law Offices

Re: dads will not valid?

If there is a will, it must be probated unless

there are no estate assets. It sounds like

there are assets, so they must all be gathered up

and accounted for, then distributed according to

the will after taxes and administrative costs are

paid. It is possible to pass certain assets outside

of the probate estate by designating beneficiaries

or holding accounts in trust for another. In that

case the "separate account" statement may make some

sense. However, generally speaking, all the wealth

(and debt) of the deceased is counted to come up with

the distrubution accourding to the testimentary plan.

Ask to see the will. If you can not get it, seek

legal advise on how to proceed.

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Answered on 2/15/04, 10:37 am


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