Tag Archives: PETITION

How do I get a copy grandmother’s will?

Q: I have personally seen my grandmother’s will. She had copies in her house. She had a stroke and my aunt moved her out of state to a nursing home in Tampa Florida. She has since passed away, two days after my mother (so no help getting info from her). I believe my Aunt maybe trying to hide the fact my grandmother had a will. I know her grandchildren were left a fair amount of money. My aunt is also POA. (Pittsburgh, PA)

A: You will need to hire a lawyer in FLA to investigate and possibly file a court action. Before you do that, you can call and check what the procedure in that county is to see if a will has been filed. They may have a website, or you may be able to get an answer on the telephone. If a will has not been filed and you truly believe there is one, the attorney can begin to request it in writing from your aunt and if unsuccessful, he can petition the court to order her to product it. Having an attorney involved will cost you money.

During probate, can I get my belongings from decedent’s home?

Q: My aunt died without a will and left a property behind in Pennsylvania. She has only one living daughter in Florida. She hired a probate attorney who set up a trust to deal with the process because she is too busy to deal with it herself. There are many things in the house that are mine that my aunt had let me keep there for storage. I try to enter the home to retrieve them, but the trustee tells me I am not allowed on the premise. Is there a way I can be allowed inside? I am afraid that my valuable belongings will be inventoried along with my aunt’s things. (Pittsburgh, PA)

A: A Trustee or Executor, has legal authority over real and personal property of a deceased person. They have a duty to preserve it and keep it in tact until it can be inventoried and accounted for and properly disbursed pursuant to the trust agreement or will. If you cannot work this out with the Trustee or Executor, you will have to hire a lawyer to file a petition in the Orphan’s Court in the county which has jurisdiction. This is likely to be where your aunt resided and died. If this property is indisputably yours, you should have no problem. If there is a question and you have no clear proof such as receipts or records, it may be difficult.