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From our “Ask a Question” mailbag: After reading the information on your site, I believe my brother used undue influence to get my father to change his will. If I decide to challenge the will, where will the trial be held? How long will the process take?

Will contests are heard by the judges in the Montgomery County Orphans’ Court. The Montgomery County Orphans’ Court is located in Norristown. In many cases, will contest challenges settle before a trial. If the case settles, the parties could agree to terms in a matter of weeks, months or it could be on the courthouse steps minutes before trial.

From our “Ask a Question” mailbag: After reading the information on your site, I believe my brother used undue influence to get my father to change his will. If I decide to challenge the will, where will the trial be held? How long will the process take?

Will contests are heard by the judges in the Bucks County Orphans’ Court. The Bucks County Orphans’ Court is located in Doylestown. In many cases, will contest challenges settle before a trial.

From our “Ask a Question” mailbag: My partner said that he was going to leave me money in his will. But, at his death, a distant cousin of his filed a will and obtained letters with the Montgomery County Register of Wills that gave everything to that cousin. I think the will is a forgery. Is there a statute of limitations period for me to challenge the will?

Yes. If you had acted before the will was filed, you could have had your Montgomery Probate Attorney file a caveat with the Montgomery County Register of Wills. Doing this would have prevented the distant relative from obtaining Letters Testamentary until you had the chance to review the will. Also, this would have given you more time to decide if you were going to contest the will.

From our “Ask a Question” mailbag: My grandfather, a resident of Bucks County, 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, but 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 a portion 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. To be successful, you would first have to prove that the joint account was created improperly—perhaps under undue influence or forgery—so that the assets would pour into the estate.

From our “Ask a Question” mailbag: After reading the information on your site, I believe my brother used undue influence to get my father to change his will. If I decide to challenge the will, where will the trial be held? How long will the process take?

Where you live, will contests are heard by the judges in the Lehigh County Orphans’ Court, located in Allentown. In many cases, will contest challenges settle before a trial. If the case settles, the parties could agree to terms in a matter of weeks. We’ve even seen family members settle challenges on the courthouse steps minutes before trial.

From our “Ask a Question” mailbag: My husband’s aunt willed him a share of the proceeds of her jewelry, but the executor told us that the money was mine and sent me a check. We looked up the will ourselves at the Gloucester County Surrogate, and it looks like my husband should get more money. The executor will not answer our questions, so what can we do?

As an heir listed in the will, your husband has the legal right to force the executor to account for the estate. New Jersey has a system where the executor, or personal representative, is given a great deal of freedom without official oversight. This system relies on the heirs bringing mismanagement to the Surrogate’s attention.

From our “Ask a Question” mailbag: I am the executor of my mother’s estate in Lehigh County, Pennsylvania. I have advertised the estate and paid all the valid creditors, but a neighbor of my mother has made a claim for $10,000.00 that has no validity. Can I make distribution without paying him?

Although it’s technically possible, the correct answer is that you should not.

As the executor, you are free to make “at risk” distributions. That means if you later lose a claim, you’re personally at risk. Keep in mind, Pennsylvania is a rather creditor-friendly state.

From our “Ask a Question” mailbag: My Grandfather, a resident of Montgomery County, 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, but 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.

My Grandmother died three years ago in Philadelphia leaving me a lump sum in her Will. The house is sold, the taxes are paid but I have not received my inheritance. The executor will not return my calls, what can I do?

As the heir of a Philadelphia estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance. If the executor will not give you one voluntarily, you can have your Philadelphia Orphans’ Court lawyer file a Petition for Accounting with the Philadelphia Orphans’ Court. The executor must reply, or face potential removal and surcharge.

My Grandfather, a resident of Lehigh County, 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, but 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 stated that I would receive one-fourth of his estate. Can I challenge the will?

First, a 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.