Legal Question in Wills and Trusts in Pennsylvania

If someone is the sole executor and heir to a will, do they have to be notified if the will is eliminated and there is no will


Asked on 12/30/12, 6:38 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Has anyone died? Before the person whose will it is has died, s/he can change it as many times as s/he wants. Until the person died, no one is entitled to any notice if a will was created or not, or if a will was changed.

I'm not familiar with a legal concept of a will being "eliminated".

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 12/30/12, 9:17 am

How exactly is a will "eliminated"? And how could this be done without notice to the executor, if the testator (person who made the will) has died? The executor is the one in charge.

I agree with Attorney Jacobsen - a will does not take effect until death. The person who makes the will, if alive and mentally competent, can change the will in any way that he/she wishes prior to death, including disinheriting any sole heirs. Nobody is obligated to leave you anything if that is their choice.

Once a person dies, a will comes into operation. It is the duty of the executor named in the will to file the will with the probate court and notify the heirs/beneficiaries named in the will and any other potential heirs of the deceased. The executor then has to apply for probate if necessary (that is if there are probate assets).

Since your post contains no relevant details, either re-post with these details (who made a will, when, indicate if they are alive or dead and how/when the will was allegedly eliminated). Or you can consult with a probate attorney who practices in the county/state where any estate would be pending. The attorney will need to review the will and any other relevan documentation about the estate.

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Answered on 12/30/12, 6:07 pm


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