Legal Question in Wills and Trusts in Pennsylvania

If a person in an estate will is mentioned in the will as not getting anything at all but mentioned this way in the will and you have sent them a letter advising that they may be in the will of so and so by law do you have to send that person a copy of the will or can they just go to the court house where is would be filed and get it for themselves


Asked on 3/23/12, 12:47 pm

1 Answer from Attorneys

I don't understand what you are trying to say. The letter you have sent is nonsensical. Either a person is disinherited or is left a bequest, but both things cannot be true. So telling them they are getting something and not getting something is inconsistent.

Wills are a matter of public record. Any one can go to the courthouse and make a copy of a will that has been probated. That said, if you are the personal representative, then I think it is good sense to send a copy of the will to all of the beneficiaries named in the will as well as anyone who could possibly bring a caveat to the will, such as a spouse or child, who has been left out.

I am not a litigator. Perhaps a probate litigation attorney would have a different take on this. I know of plenty of personal representatives who refuse to give out a copy of the will. I am just of the belief that a lot of litigation is unnecessary and could be avoided by more communication by the personal representative, not less. They can get a copy of the will anyway, so why not just send it to them?

If they want to challene, that is up to them. Wills cannot be challenged just because someone is disinherited. There have to exist grounds for challenging the will and if the will was properly drafted by an attorney and specifically disinherited that person, the disinheritance clause will stand.

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Answered on 3/23/12, 7:42 pm


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