Legal Question in Wills and Trusts in Pennsylvania

My mother died on January 1, 2010. The reading of the will was after her funeral on January 8, 2010. I was excluded in the will by my brother who was the executor. The original will had all four of my brothers and me as equal beneficiaries. My brother had the will changed after my mother was in a nursing home with alzheimers. Can this will be challenged at this time? We reside in Pennsylvania.


Asked on 2/15/12, 1:04 pm

1 Answer from Attorneys

The issue is not where you reside but where your mother lived at the time of her death. If that is PA, then so be it.

I don't understand how your brother can "exclude" you from the will. Your brother cannot legally make a will for anyone other than himself.

If your mother changed her will prior to her death, then the question will be whether she was mentally competent to do so at the time. You say she changed the will after she was in a nursing home with Alzheimer's. My question is how was this done? Did an attoney do it who was familiar with your mother? Did she come to his office or did he visit the nursing home? If the latter, this should have set off alarm bells for the attorney.

What evidence do you possess to show that your mother was not mentally competent? While you do not have to have evidence today, you need to have an idea in your head as to what you can prove if your claim is going to succeed. Have you talked to the doctors and nurses who cared for her at the time the new will was made? The other issues you have to consider are what assets are there in your mother's estate and how much do you stand to inherit if her most recent will is thrown out? Also, do you have money for the will caveat? Litigation is an expensive proposition.

What I suggest is that you take the old and new will to a probate litigation attorney in the county/state where the will is being probated (or if probate is over, where it was administered). You need to discuss with the attorney the costs of proceeding with a caveat and weigh those asgainst whatever you would inherit if successful.

My other question is why are you waiting until now to do something? While you do not have to give me an answer, the probate lawyer is going to want to know why you have delayed so long.

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Answered on 2/15/12, 3:33 pm


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