Legal Question in Wills and Trusts in Pennsylvania


This is followup to an earlier question.Father died 7-12-01,stepmother died 8-03-01 in Pa.Pa. is a non community property state. His will leaves jewelry,autos,clothing,personal effects,household goods and eq. to wife.All the rest,residue and remainder to wife,if she survives him by 30 days.If she doesnt it goes to myself,my brother and sister.She made new will while in hospital on 7-26.She died 8-3.All assets were sold and put in trust fund for my daughter only.My fathers will was never mentioned.My questions are: 1.Should fathers will been brought into picture? 2.Should step-mother have been allowed to put all assets into trust?If fathers will was read and followed,who was responsible for going back to follow the 30 day clause?3.Should the attorney have done this?What is the difference between the type of assets?Do I have any rights?Should anyone be penalized for mistakes and who?What should my next steps be if any?I believe there is no statute of limitations for filing a will.They were married about 25 years and fathers will was written in 1977.He retired in 1986 after 30 years.Thank you for any advise or help.

Asked on 10/26/07, 10:44 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Wills

It is now 07. This is about 6 years too late. Your mother had to die before your father's will was probated. I assume the bulk of your dad's assets were in joint accounts and in real estate owned jointly with rights of survivorship. Father's will has no impact on such property. Upon your mother's death it goes according to her will, since your father's will and the requirement that his wife survive him for 30 days only applied to property owned by him and not in joint tenancy or joint accounts, or in assets such as pensions or insurance in which a beneficiary was named.

Its all a done deal now.

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Answered on 10/27/07, 12:24 am

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