Can an unsigned note written by an attorney supersede the provisions of a Will in Wilkes Barre, Pennsylvania?
Question Details:My mother-in-law sat down with an attorney in 11/01 and the subsequent Will is dated 12/01. She died this past March. The Will basically says to divide everything equally by the 3 kids. My brother is the executor. He is now doing things that appear to be based on a note that the attorney wrote in 11/01. The note is not signed, not in Mom's handwriting and not a codicil of the Will. The note says that my brother gets the house, a ring already given to my sister, etc. My brother is threatening to take us to court if we do not abide what is in the note.
You need to file a petition to compel an accounting in the Orphans Court so that the executor is stopped from disregarding the will. The Court will also remove him if he is disregarding the will. Martin I Kleinman 215 496-1044
The note does not govern anything here at all. Only the Will. You need to hire an attorney to have your brother removed as executor for acting outside the parameters of his appointment and in not complying with the Will. Then one of you who remains can be appointed.
You need to realize that as an executor any challenge made against him entitles him to be defended with estate funds. If, however, he has posted a bond then you may be able to get that money back. Also, your attorney will be able to tell you is there is a local law that enables you to go after him personally, although it in unlikely. Good luck.
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