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I need to view my mothers will, but my brothers wont produce

Customer Question
it. how can i...
i need to view my mothers will, but my brothers wont produce it. how can i view this or get access to it she justn passed away september 4th
JA: Estate laws vary by state. What state are you in?
Customer: im in pa
JA: What documents or supporting evidence do you have?
Customer: i have none, i am daughter of ***** *****e morton which was born nov 28 1926 and died september 4 2016 in bucktail hospital, renovo,pa
JA: Anything else you want the lawyer to know before I connect you?
Customer: i need to know even if she had a will, i kmow of the living will but i dont think she had a regulaer will and testement
Submitted: 1 year ago.Category: Estate Law
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Answered in 5 minutes by:
9/17/2016
Estate Lawyer: RayAnswers, Attorney replied 1 year ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 43,470
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 1 year ago

There is no maximum time in PA to open probate although it should be opened as soon as possible from the time of death. The PA Will Code § 3133, Limit of time for probate, states:

(a) Original probate.–A will may be offered for probate at
any time.
(b) Conclusiveness of original probate.–The probate of a
will shall be conclusive as to all property, real or personal,
devised or bequeathed by it, unless an appeal shall be taken
from probate as provided in section 908 (relating to appeals),
or the probate record shall have been amended as authorized by section 3138 (relating to later will or codicil).
(c) Effect upon grantee or lienholder.–A will offered for
original or subsequent probate more than one year after the
testator’s death shall be void against a bona fide grantee or
holder of a lien on real estate of the testator if the
conveyance or lien is entered of record before the will is
offered for probate.

Your only remedy is to open intestate probate like there was no will and either they produce it at that point or probate continues here without it.In that case it is court supervised administration and an administrator is appointed.Since you haven't seen one it likely doesn't exist.

You can seek to be appointed administrator and control the estate here.You will need a local probate lawyer where they deceased to get this moving with an application for probate.If there is a will they have to produce it immediately or the court will begin intestate probate and name the legal heirs here and their shares.

If you die with:

here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants or parents
  • spouse inherits everything
  • spouse and descendants from you and that spouse
  • spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance
  • your descendants inherit everything else
  • spouse and descendants from you and someone other than that spouse
  • spouse inherits 1/2 of your intestate property
  • descendants inherit everything else
  • spouse and parents
  • spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance
  • parents inherit remaining intestate property
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything

I appreciate the chance to help you tonight.Thanks again.

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Estate Lawyer: RayAnswers, Attorney replied 1 year ago

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Estate Lawyer: RayAnswers, Attorney replied 1 year ago

Your lawyer can send demand letter and then make application for intestate probate if the will isn't produced.Again it may well not exist and you can proceed without it.

Thanks again for the chance to assist you.

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RayAnswers
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Category: Estate Law
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Experience: Texas lawyer for 30 years in Estate law

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