Blog & Resources

Addressed in today’s “Ask a Question” mailbag, Where is a Chester County Contest held?

“I believe my brother got my father to change his Will using undue influence. If I decide to challenge the Will, where is the trial? Is the process long?”

From our “Ask a Question” mailbag: I am the executor of my father’s estate in Lehigh County. My sister and I do not speak, so the process has been terrible. She refuses to sign the family settlement agreement I sent her, and instead has petitioned the Orphans’ Court to make me account. Do I need to respond?

Yes, you must respond to the petition. As a beneficiary, your sister has every right to ask that you file a formal account with the Court. She does not have to show that you have done anything wrong, only that she is a beneficiary. She may have done you a favor, because it is clear that she was never going to sign your family settlement agreement. This would mean dragging the estate administration on potentially for years. Now you get a court-mandated end date.

From our “Ask a Question” mailbag: My grandfather, a resident of Philadelphia, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed, giving everything to my aunt. We believed that my grandfather died broke. However, now that my aunt died, we found out that he had a joint account with her containing a large sum of money. The prior will states that I would receive one-fourth of his estate. Can I challenge the will?

First, a will challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the will has no effect on the joint ownership.

From our “Ask a Question” mailbag: My mother named me her Agent under her Gloucester County, New Jersey Power of Attorney, and I cared for her for years. Now my sister claims I embezzled and stole money using the Power of Attorney. How do I clear my name?

As Agent, you are permitted to retain a Gloucester County Surrogate’s Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or to object.

My parents were both residents of Delaware County, Pennsylvania. When they died they put my inheritance in a trust and appointed my brother as trustee. What information is he required to give me as trustee of my Trust? As a Beneficiary, is the trustee required to give me updates and financial information of my trust?

In 2006, Pennsylvania adopted the PA Uniform Trust Act. This law imposes a duty on trustees to inform Beneficiaries about the existence of the trust, along with certain current information on the trust.