Legal Question in Wills and Trusts in Pennsylvania
My parents have a will that names each of their children as their heirs. My brother has just recently passed away and my parents want to know if they need to make a new will to take my brother's name out of the will or is it okay the way it is?
1 Answer from Attorneys
First, I cannot really discuss your parents' case with anyone else. They need to take their will to an attorney for review.
Generally speaking, Pennsylvania has an anti-lapse statute (20 Pa.C.S.A. � 2514) which provides that a bequest to a deceased relative does not lapse but intstead passes to his or her children. The anti-lapse statute can be defeated, depending on what the will says. That is why your parents need to take their will to a lawyer for review so that they can decide if they need a new will or codicil or can leave it alone.
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