By Thomas Bonte | Published July 10, 2015 | Posted in Probate & Estate Law | Tagged Tags: decedent, intestate, lost will, Pennsylvania Supreme Court, two witness rule, wills |
The Two-Witness Rule to Lost Wills
Pennsylvania has long required the oath or affirmation of two witnesses to prove both the execution and the contents of a lost Will. The reasoning behind the “two witness” rule has always been to preserve the intent of the testator, or drafter of the will. But what happens when the two-witness rule works against the Read More
Read MoreBut My Father Was Incapacitated When He Sold The Sports Car He Left To Me In His Will – Am I Entitled to The Proceeds Of That Sale? ADEMPTION AND INCAPACITY In Pennsylvania
Ademption occurs when a specific gift in a will is no longer part of the estate at the time of death. For example, a father drafts a will leaving his red sports car to his son. Before Father’s death, however, he sells the sports car. Because the sports car is no longer owned by Father Read More
Read MoreMY ADOPTIVE PARENTS JUST DIED? DO I HAVE INHERITANCE RIGHTS UNDER THE WILL?
Imagine you’re the parent of two children, one is your natural, and one who is your adopted child. When you draft your will, you leave your entire estate to your “children.” Using the word “children” is not uncommon even where there is only one child at the time of drafting because the testator may have Read More
Read MoreWho Has Standing to Challenge a Will?
When a person dies with a will, they are said to die testate. The will typically appoints an executor (male) or executrix (female) to fulfill the wishes of the deceased. Sometimes, the executor is also a named beneficiary of the will, although this is not always the case. For practical purposes, this could include selling Read More
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