Blog & Resources

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: 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 brother used undue influence on my father — who suffered from Alzheimer’s — to change his will. I have filed a will contest in Camden County. My brother’s attorney is not doing any work, as he says the burden is on me. Is he correct?

When you are the challenger in a will contest the initial burden of proof is on you to show that the will was created under undue influence. An experienced will contest lawyer can explain this burden to you, as it is a bit too complex for a blog post.

From our “Ask a Question” mailbag: When my father became very ill two years ago, we hired a full time caretaker to help him. We live in California and my father lived in Philadelphia, so we could not be there at all times. At his death, we were shocked to find out that his will was changed and the caretaker was the executor. She says all his money was spent on medical care, but that is impossible. We are now being told we are the heirs, but there is no money. I suspect she has stolen his money. What can I do?

You have a few options. If the will has been filed and accepted by the Register, you could appeal the validity of the will to the Philadelphia Orphans’ Court.

From our “Ask a Question” mailbag: My neighbor promised to give me her Montgomery County house in her will. She died recently and her son, who did not talk to her for 10 years, has filed a will from the 1970s that leaves him everything. Can I challenge that will?

If I understand the facts correctly, your neighbor died and—to the best of your knowledge, her most recent Will was the one her Son filed with the Montgomery County Register of Wills. That Will is very old, but as far as you know, is the most recent Will she signed. Though she verbally promised to give you the house in Montgomery County, she failed to write a new Will.

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: My neighbor said that she was going to leave me money in her will. However, after my neighbor’s death, a distant relative of hers filed a will with the Philadelphia County Register of Wills that gave everything to that relative. I think that 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 Philadelphia Probate Attorney file a caveat with the Philadelphia Register of Wills. Doing this would have prevented the distant relative from obtaining Letters Testamentary until you had the chance to review the will and decide if you were going to contest the will.

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.