Legal Question in Wills and Trusts in Pennsylvania

Re: Wills

I concur with the advice posted by the other attorney. You should consult with an attorney in Pennsylvania to clarify some of the facts and to make a determination as to how to proceed.

Re: Wills

Yes. Your father's will should have been probated and his estate, which I presume was at least half of their estate, should have been distributed through probate to you, your brother and sister. You can hire a lawyer to check out the probate file and advise how to proceed from there. Since you and your siblings have the same interest, you can split the expense three ways.

Re: Wills

On those facts, obviously the placing of your father's assets into the Trust was illegal. But if you h;ave known about this for 6 years, under Pa. law you might be barred by the Statute of Limitations or laches [a common law doctrine that says if you wait and unreasonable period of time to do something, you can be barred from challenging it]. You brother and sister should be concerned, as they lost $100,000 each. Whether you should be concerned goes more to whether you want the $100,000 or are willing to let your daughter have $300,000. I would immediately tell your brother and sister what you have learned [and then confirm it in writing if you and your spouse--she probably has no legal rights to the assets but you do not want to create problems with her]do not want to go against the trust and then if they do nothing but in the future attack you for whtat occurred, you have an excellent explanation/defense.

I think most experts would be worried about an 18 year old, if that is the terms of the trust, getting a lump sum of $300,000.