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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111657
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Re: Pennsylvania Probate - A grandson was granted $3500

Customer Question

re: Pennsylvania Probate - A grandson was granted $3500 because he was living in the his grandmothers house at the time of her death.
We have not been able to get anything from the attorney other than it is required by statute. At first she said that no one had applied for that money, but since he was living there she was required by statute to give it to him. However now her assistant claims that they had a letter from her grandson requesting it, although they refuse to give me a copy of the letter. What exactly does the statute actually say about this?
My sister is the executrix. I and my 2 sisters share equally in the will. All the grandchildren were each given $2000 in the will. The grandson and his wife given room and board while our mother was living, and continued to live in her home, rent free for over a year. (average rent of a 2 bedroom house in that area is $1600 per month.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is there a will involved here? Because statute do not require them to do anything that is not in the will if there is a will.
Customer: replied 1 year ago.
there is a will. All details are included in the question but I will spell them out again.re: Pennsylvania Probate - A grandson was granted $3500 because he was living in the his grandmothers house at the time of her death.We have not been able to get anything from the attorney other than it is required by statute. At first she said that no one had applied for that money, but since he was living there she was required by statute to give it to him. However now her assistant claims that they had a letter from her grandson requesting it, although they refuse to give me a copy of the letter.What exactly does the statute actually say about this?My sister is the executrix. I and my 2 sisters share equally in the will. All the grandchildren were each given $2000 in the will. The grandson and his wife given room and board while our mother was living, and continued to live in her home, rent free for over a year. (average rent of a 2 bedroom house in that area is $1600 per month.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So, my question to you was did the will grant him the money, I am presuming now by you repeating what you typed all over again again, that the will granted him the money.
So she is required by statute to follow the terms of the will, not just to give him money if it is not stated in the will. PA does not have any forced heirship laws. So he is entitled to whatever the will says he is entitled to.
If the attorney is not releasing what the will says he is entitled to, then it is up to the executrix to tell the attorney to do so or be in breach of fiduciary duty for not following the terms of the will. The attorney and executrix only have to give him whatever the will says they have to give him, nothing more and there is no statute requiring he get any set amounts at all, it is controlled by the will.