QUESTION
Wills, power of attorney, next of kin
Asked on Dec 22nd, 2013 on Wills and Probate - Pennsylvania
More details to this question:
My father recently died on the 17th, we found out that not 4 days before that she had gone and married my father. A few weeks before that, he was admitted into the hospital due to the cancer becoming terminal and the pain medication eating at his brain. The now Wife had taken control of Next of Kin and Power of attorney after that. I was removed from my fathers own funeral because I'm the only child old enough to do anything about the situation. Is there anything I can honestly do?
1 ANSWER
3 Awards
If there is estate property to pass, whoever is listed as executor in his will, must file the will. Look and see if this happens. If there is a will it will determine who your father's probate property passes to. If there is no will, his property will pass in accordance with the PA intestate statute which, in your case, children will share with the wife. If you feel he was incompetent when he did the POA and will, or he did them under duress or coercion of the new wife, you can challenge by A) contesting the will and B) filing a petition for accounting of POA funds with the court. You will need a lawyer to do both of these. You should really talk to a lawyer about this.
Answered on Dec 22nd, 2013 at 3:36 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900