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maddy3

filing a will

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maddy3 said...

n the state of Pennsylvania, how long do we have to file a will?

§ 3133. Limit of time for probate.

(a) Original probate.--A will may be offered for probate at

any time.....

maddy3 said...

Is the executor responsible to notify anyone mentioned in the will?

Pa. O.C. Rule 5.6 Notice to Beneficiaries and Intestate Heirs

(a) Requirement of notice. Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted or the personal representative's counsel shall send a written notice of estate administration in the form set forth in Rule 5.7.

(1) every person, corporation, association, entity or other party named in decedent's will as an outright beneficiary whether individually or as a class member;

(2) the decedent's spouse and children, whether or not they are named in, or have any interest under, the will;

(3) where there is an intestacy in whole or in part, to every person entitled to inherit as an intestate heir under Chapter 21 of the Probate, Estate, and Fiduciaries Code;

...

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I live in Pennsylvania.. my grandparents both died this year, gram in june..Pap in August. I have been told there is a will of my grams, it was not ever filed. I have not seen it. I am now being told that my granfather left everything to my brother. I have not seen this will either. It has not been filed. How am i able to get a copy of the wills?

[This post has been moved to the appropriate discussion. - Moderator]

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Until that person submits the will to the court, is appointed as personal representative (the terminology that PA uses), and is issued letters testamentary by the court, nobody should be removing any items. Although, the nominated personal representative could give the excuse that he/she is removing the property for safekeeping.

But, all too often, tangible personal property items end up in an extralegal free-for-all. As one cynical, but all too realistic, attorney once said:

...[Message truncated]

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Please add your further responses to your existing thread by using the Answer/Reply button in the original thread. That enables everybody to see all the info about the situation.

maddy3 said...

In Pennsylvania, how do I get a copy of a will that my brother says he has, but has not filed? Do I have any recourse?

You can ask the Register of Wills in the applicable county to order the custodian of the will to deposit it.

§ 3137. Enforcing production of will.

The register, at the request of any party in interest, shall

issue a citation directed to any person alleged to have

possession or control of a will of a decedent requiring him to

show cause why it should not be deposited with him. In the

absence of good cause shown, the register shall order the will

to be deposited with him.

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FOR THE SECOND TIME:

Please add your further responses to your existing thread by using the

Answer/Reply button in the original thread. That enables everybody to

see all the info about the situation.

You are not required to have an attorney to do so. Contact the Register of Wills to see if the personnel there will assist with the process. If not, you will either have to try it yourself or retain an attorney.

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Thank you.

Yeah, that happens. It depends upon the state and, some times, the county. In some states and counties, the personnel will help with process questions and point you in the right direction, although they aren't going to assist with anything that comes close to legal advice. Other places, the response will simply be, "If you can't figure it out yourself, you will need to retain an attorney."

You can always try a bluff with whoever has possession of the will: "If you don't submit the will, I will be forced to exercise my legal rights under Section....."

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maddy3 said...

I have been told there is a will of my grams

Told by whom?

maddy3 said...

I am now being told that my granfather left everything to my brother.

Told by whom (are you getting the point that using the passive voice is generally a bad idea)?

maddy3 said...

How am i able to get a copy of the wills?

Ask whomever has the wills (or copies thereof) for copies (or to let you view them). If your parent who was the child of these grandparents predeceased your grandparents, then you may have a legal right to a copy of the will. If that is the case, I suggest you speak with a local probate attorney about the procedure for compelling production of copies.

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In Pa. My mother did pass away before my grandparents.

I have asked my brother, who says he has the will and that my grandfather left him everything,..

if i could see or get a copy.

I was told "You have no rights to the will... your name is not on it"

Do I have any rights?

can he just take evrything and not even file the will?

Thank you for your help

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maddy3 said...

I have asked my brother, who says he has the will and that my grandfather left him everything,..if i could see or get a copy. I was told "You have no rights to the will... your name is not on it" Do I have any rights? can he just take evrything and not even file the will?

Because you are an heir at law (i.e., a person who would inherit from the estate if there were no will), you have a right to a copy of the will. Consult with local probate counsel.

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"Because you are an heir at law (i.e., a person who would inherit from

the estate if there were no will), you have a right to a copy of the

will."

Unfortunately, only by obtaining a copy from the Register of Wills once the will has been filed. There is no requirement in Pennsylvania that the personal representative provide a copy of the will to anybody.

In fact, it is not certain that the poster even is entitled to notice that probate has been opened since, when there is a will, only named beneficiaries, spouse, and children are required to receive notice.

Maybe the proverbial "sternly-worded letter" from an attorney will work. Maybe not. The best bet is a petition to the Register of Wills for an order that the will be produced.

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In Pa., When the peronal rep. says that will leaves everything to him... doesn't he have to prove it?

I could say I have the will and it says I am the sole beneficiary... how do you know for sure if it is not produced.?

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The nominated personal rep can say whatever they like. But until the will is submitted to and accepted as valid by the court, it has no effect. And, until the nominated personal rep is granted letters testamentary by the court, he is not the personal rep. And he is not going to be able to do anything with any asset that has some sort of title (unless the deceased had made him a joint owner with survivorship or had designated him as a beneficiary on that asset.)

Earlier, you mentioned the nominated personal rep removing items from the home. Presumably those items are tangible personal property that do not have titles. As I said before, he isn't supposed to do that, but, unfortunately, untitled tangible personal property can become a free-for-all.

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Hello again.. been out of touch. No electric.."Irene"

In Pa., I have seen a lawyer (to the tune of $250.00), who verifies everything I have already learned,

but he requires $2500.00 retainer before he will do anything!

I cannot believe that the only way to see a will requires a lawyer!

Please tell me what forms I must file in Pa. to the Register of Wills in order to force someone to produce the will.

Also, where do I get the forms?

Thank you for your help.

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