Blog & Resources

From Our “Ask a Question” Mailbag: “My aunt died last week.  At the funeral, my uncle informed my sister and me that just before she died, my aunt signed a new will that gives him everything. My aunt told us that she was leaving us $100,000.00 each in her will. […]

From Our “Ask a Question” Mailbag: “My mother died last year, and my grandmother wanted me to inherit my mother’s share of her estate. My Aunt forced my grandmother to leave me out of her will. My aunt has filed this false will, and I want to challenge the will. […]

From Our “Ask a Question” Mailbag: “Please Explain How to Contest a Will in Philadelphia.” What Are the Grounds for a Philadelphia Will Contest: Any interested party can contest a Will. Being a child, spouse, or just upset by the Will isn’t enough.  The word “interested” means someone who has […]

Our “Ask a Question” mailbag address the question of how and where does one contest a will.

“I may contest my father’s Will. He died recently in Philadelphia. How do I contest a Will in Philadelphia? Who will hear the case?”

Ask a Question” mailbag: Isn’t it true that theft from estate disqualifies beneficiary from inheriting from that estate? “As the executor of my mother’s estate I was able to prove that my brother stole from my mom. The judge ordered him to return the money. My mother’s Willdivides the assets between all the children equally. Is my brother disqualified from inheriting his share?”

From Our “Ask a Question” mailbag: My sister died recently in Montgomery County, PA, and her boyfriend is filing a forged will. Can I bring a will challenge? “My sister died and her boyfriend is filing a forged Will that gives him everything. The Will she wrote several years ago gives her money to her daughter. Her daughter is hesitant bring a Will challenge. Can I file the Will challenge for her?”

How important is it to choose a Philadelphia Will Contest Attorney whose only focus is estate litigation? Naturally; never trust a complex will contest to a part-time practitioner. That is to say, such cases require specific experience in a particular court. In other words, a “Philadelphia Will Contest Attorney” cannot exist without years of experience. Indeed, contesting wills in the Orphans’ Court is learned over time. As an illustration, with over 20 years of experience, even someone like myself learns more each day.

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: Is there a statute of limitations period to challenge a will in Bucks County?

Yes. You have one year from the filing of the will to appeal the filing of a will and to contest the validity through a will contest or will challenge. Filing sooner rather than later is usually the best, as the Executor might be selling or distributing assets, which may be difficult or impossible to recover. A call to the Register of Wills should provide you with the date the will was filed. Depending on your specific timeline, and whether the one year statute of limitations has already passed, your options may vary or be non-existent.

From our “Ask a Question” mailbag: My mother’s caregiver informed us at the funeral that my mother signed a will giving the caregiver all her money. What can we do?

In general, if she has not filed the will yet, you could have an experienced will contest lawyer file paperwork to stop her from filing the will. You can then take stock of the situation. You will then know when the will was signed, who are the witnesses, if the signature is your mother’s, and who drafted the will. You can also surmise your mother’s mental state on the date the will was signed.