Legal Question in Wills and Trusts in Pennsylvania

Both Parents (divorced but living in same home) left mirror Wills that split estate between grandkids with the exception of a specifically named piece of property. 3 stepdaughters were specifically left nothing but daughter 1 was named as trustee for the minor grandkids trust in both Wills and given the specific piece of real estate in mothers will. After 20 yrs of no contact and denying parents existence, 3rd stepdaughter surfaces in the last 2 years of parents life (a yr prior to new will being made). Both Parents health begins to deteriorate rapidly in last 6 months and 3rd stepdaughter has resources and connections to admit mother into nursing home against her will and manipulate HIPAA laws so that family cannot get info on Mothers condition. At which time she has mentally ill drug addicted bed ridden mother sign a POA as part of the admission. The father suffers from dementia, parkinsons and alcoholism as well. Previous to this time parents had always used an attorney to draw up ANY legal documents. A family friend of daughter 3 notorises these documents. Mother had previously given daughter 1 (named trustee for trust) POA 10 years prior in event of illness. Immediately upon getting signature on POA, daughter 3 presents POA to funeral trust of Mother naming herself as trustee and pre arranges mothers funeral (mothers not dead yet!!). Within 3 weeks she has mothers name replaced with her own on the deed to the house. Property was jointly owned by parents. 3 months later Mother passes and sister uses funds to jointly view/bury uncles ashes too and have new headstone set for grandmother mother and uncle and uses every penny in the trust. These two moves effectively rerouted assets that were intended for grandkids to her. It's also possible that she found a way to get her name on a sizable money market acct jointly with father 5 months before he died. She refused to disclose any information or assistance to help daughter 1 and one of the minor grandchildren get home for the funeral of mother or father. 2 months after mother passes, fathers health declines rapidly and father passes suddenly. Daughter 3 refuses to communicate with daughter 1 who has now been appointed interim personal representative by the probate attorney. But yet daughter 3 makes no contact with probate lawyer and continues to make arrangements for father cremation, transfer of assets etc. Lawyer changed locks on house because there is considerable amount of cash in the house and took possession of checkbooks but financial records have been removed from the home. Can this be construed as undue influence not to contest the Will, but to void the property transfer and misuse of funeral trust that was intended for the grandchildren? Daughter 3 and 2 have never lived with the parents at any time in their life and rarely made contact with them. They were raised by grandparents who had full custody from birth. Daughter 1 however was raised by both parents until they divorced and shared joint property with Mother until her death.

Asked on 1/28/12, 12:30 am

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You need to see a probate litigation attorney if the wills are still in probate so that a caveat can be filed.

Answered on 1/29/12, 11:25 pm

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