Wills

Who has capacity to make a will?

Who has capacity to make a will?

Fundamental to the validity of any last will and testament is that the testator (person whose will it is, and who is signing the documents) had capacity at the time of execution. By statute, a testator in Pennsylvania must be “of sound mind” to make a will. (20 Pa....
Where to probate a will in Pennsylvania

Where to probate a will in Pennsylvania

Clients often wonder where a loved one’s will is filed to begin the probate process. The answer is that a person’s will must be filed in the county in which that person resided at the time of death. On a Pennsylvania death certificate, look at box 8d, titled Residence...
How to contest a revocable living trust in Pennsylvania

How to contest a revocable living trust in Pennsylvania

Most people know that a will made under dubious circumstances can be contested after the death of the person who signed it (or allegedly signed it). But these days, many people use revocable living trusts, instead of wills, to pass their estates to others (usually to...
You can challenge beneficiary designations, as in a will contest

You can challenge beneficiary designations, as in a will contest

If you were cheated out of your inheritance because your sister convinced Dad to change his will, leaving everything to her, you probably know you can contest Dad’s will after he dies. But what if your sister convinces Dad to change all the beneficiary designations on...
What if something bad happens to the beneficiary of your will?

What if something bad happens to the beneficiary of your will?

You’re having your Last Will and Testament prepared, and you’ve decided on the beneficiaries who will inherit your estate. Good job! I always say any planning is better than no planning. To have a great estate plan, though, I urge you to consider what might happen to...
What is “undue influence” in a will contest?

What is “undue influence” in a will contest?

A will can be contested on various grounds – forgery, fraud, or incapacity of the signer, for instance. The most common basis for a will contest, though, is known as “undue influence” – that is, an allegation that a “testator” (person who signed the will) of weakened...