Question for legal eagles...or anyone who knows.
- Thread starter jimarnp
- Start date
"Caveat" is a new term for me, at least in the context of a probate proceeding. Do you mean an objection to or contest of some provision in the decedent's Will?
Usually, the probate administration of a decedent's Will commences with someone (usually the person nominates as Executor in the Will) filing with the Court a "Petition for Probate," (not sure what the precise name of the document is in PA), to which the original Will is attached. The Petition requests two primary things: (1) that the attached Will be "admitted to probate" (i.e., receive court confirmation as the final and definitive expression of the decedent's testamentary intent); and (2) that the Court appoint a Personal Representative (i.e., an Executor if named in the Will, or an Administrator if there is no Will or all of the people nominated in the Will to be Executor have died or are otherwise unavailable to serve).
The Petition for Probate normally must be served on everyone named in the Will as a devisee (i.e., recipient) of assets, and also any legal heirs of the decedent (i.e., people who would have been entitled to inherit under the state's intestacy statute if the decedent had not had a Will). Further, the Petition normally specifies the date, time and place where the court will hold a hearing on the Petition, usually about 30-45 days after it is filed.
Were you mailed a copy of the Petition or some other kind of Notice of Hearing with respect thereto? Pay attention to any deadlines or hearing dates listed in it.
If you are considering filing any kind of will contest, you should review the Will to see if it has a "no contest clause." If it does and you are entitled to a decent inheritance under the Will in its present form, you could be putting that inheritance at risk by contesting the Will.
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Usually, the probate administration of a decedent's Will commences with someone (usually the person nominates as Executor in the Will) filing with the Court a "Petition for Probate," (not sure what the precise name of the document is in PA), to which the original Will is attached. The Petition requests two primary things: (1) that the attached Will be "admitted to probate" (i.e., receive court confirmation as the final and definitive expression of the decedent's testamentary intent); and (2) that the Court appoint a Personal Representative (i.e., an Executor if named in the Will, or an Administrator if there is no Will or all of the people nominated in the Will to be Executor have died or are otherwise unavailable to serve).
The Petition for Probate normally must be served on everyone named in the Will as a devisee (i.e., recipient) of assets, and also any legal heirs of the decedent (i.e., people who would have been entitled to inherit under the state's intestacy statute if the decedent had not had a Will). Further, the Petition normally specifies the date, time and place where the court will hold a hearing on the Petition, usually about 30-45 days after it is filed.
Were you mailed a copy of the Petition or some other kind of Notice of Hearing with respect thereto? Pay attention to any deadlines or hearing dates listed in it.
If you are considering filing any kind of will contest, you should review the Will to see if it has a "no contest clause." If it does and you are entitled to a decent inheritance under the Will in its present form, you could be putting that inheritance at risk by contesting the Will.
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Thanks. Yes I mean an objection. If I ( or family) get it done before probate, the onus ( as I understand) is on the executor and their attorney. If we wait until after probate....I understand that we will need to prove our objection to a judge. ----some general background: very old family member passed who had a will in tact for better part of 15 years. Serious health issues over last 6 months. In and out of hospital a great deal in the last 3 months. Will was completely changed within 7 1/2 weeks of passing. There is multiple data ( and personal observation) that indicates / suggest very poor mental capacity/ cognitive compromise. ---All but 1 of the principles in the original will had no idea of the change until after the passing of the family member.
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Sorry to hear about the "will manipulation". It would seem more effective for a "group objection" involving all of the affected parties who were negatively impacted by the suspect, last-minute revisions.
Was the will modified by an estate attorney and is there language stating that any party who needs bjects to the will automatically cedes their entitled share?
I don't know what the specific procedure is in PA, but in California, the validity of the subject document, whether it is a Will or a Trust Agreement, is established at the outset, in the court hearing on the Petition for Probate. If you want to contest a Will (or a provision in a Will) in California, you therefore have to be ready to do it right away. You cannot later go in to the Court and ask to contest it, You will be told that you are too late.
As for "proving your objection," you are probably correct in noting that you would have to prove it to the satisfaction of a judge rather than a jury. In most probate matters, there is no jury, and the judge is both the trier of law and the trier of fact.
As for the information you provided concerning the decedent and his or her Will, the last minute change is indeed something you can point to, particularly if the new Will (or Codicil) was signed while the decedent was in the hospital and close to death. But you need to know more. Did the new Will disinherit the "natural objects of the decedent's bounty" (i.e., spouse and children) in favor of a health care provider or someone with no prior connection to the decedent? Was the decedent taking medication? Was the Will properly witnessed? Who were the witnesses? Were the witnesses health care providers for the decedent, and are they entitled to receive anything under the terms of the Will? Etc.
You should be discussing all of the foregoing with a Pennsylvania probate attorney, and doing so SOON.
Thanks. --there was no language that stated that the others affected would cede share, as share went from 1/4 to 0 with 1 heir ( who is the executor)
The language I was referring to is that if any heir contests the will, they lose their share. As LafayetteBear suggested, you and the other heirs need to consult an estate / probate attorney.
In PA, that strategy might work, or it could backfire badly, depending on the circumstances. One small example, but I could give you dozens. An elderly widow, living in PA with no children, adds her only nephew, 30 years younger, as a joint owner, to all her bank accounts, which total $400,000. The bank accounts are her primary asset. The nephew dies 2 years later in a car accident. Under PA law, those accounts, which contain only her money, are half taxable at the highest rate, 15%. She owes the PA Dept. of Revenue 30 grand. My advice. Talk to an estate planning attorney and pay them for their advice. They may save you money and you will sleep better at night.
Good advice if his interest was in doing some estate planning. But I'm pretty sure what he is looking for is advice concerning the imminent probate of the Will of an older relative who recently died.
Agreed, but I was responding to this post, not the OP.
"No idea but here's a strategy. Eliminate the estate by titling all assets joint, payable on death, etc. if at all possible. That way you don't have to deal with probate."
Was the $200K taxed because the law assumes he owned 50% and, therefore, she had to pay inheritance tax because she inherited his 50%?
The best estate planning advice is to move out of this tax hell of a state.
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