Q: DOES A HANDWRITTEN WILL BY A FAMILY MEMBER OF A DECEASED PERSON SUPERSEDE THE RIGHTS OF A SPOUSE IN PENNSYLVANIA?
MY DECEASED HUSBAND'S BROTHER HAND WROTE A RATHER SKETCHY WILL JUST PRIOR TO MY HUSBAND'S DEATH WITH ONE OF THE BENEFICIARIES AS A WITNESS ALONG WITH HIMSELF SERVING AS THE OTHER WITNESS; ALSO I WAS TOLD THAT THE WILL WAS NOTARIZED WITHOUT MY SICK HUSBAND PRESENT. MY HUSBAND HAD A SMALL BANK ACCOUNT WITH WELL UNDER $10K IN IT ALONG WITH A CAR THAT HE HAD PAID FOR WITH CASH. I WAS TOLD BY HIS FAMILY MEMBERS THAT BEING AS I AM HIS LEGAL NEXT OF KIN THAT I WAS SOLELY RESPONSIBLE TO PAY FOR HIS FUNERAL COSTS BYWAY OF HIS BANK ACCOUNT; WHICH I TOOK IT UPON MYSELF TO HANDLE AS WAS REQUESTED. THE BANK INFORMED ME THAT BEING AS MY HUSBAND'S ACCOUNT WAS UNDER THE $10K THRESHOLD; THAT IT NEEDED TO BE CLOSED OUT AND A CHECK ISSUED TO ME IN MY NAME AS THE LEGAL RIGHTFUL OWNER AFTER ALL FUNERAL COSTS WERE TAKEN OUT. I HAVE THE CHECK AND AM UNSURE IF I CAN LEGALLY CASH IT BEING AS THIS WILL SUPPOSEDLY EXISTS; BUT AS OF YET HASN'T GONE THROUGH THE CLERK OF COURTS. WHAT SORT OF TAXES AM I FACING?
A: There are too many unanswered questions at this point. You need to visit with an attorney familiar with probate process as soon as possible. If , as you describe, the brother hand wrote the Will, then it probably does not qualify as a valid Will in PA. You then have to look at the PA Intestacy Law to determine your husband's heirs. If he has no children, it sounds like a small estate and you would be the primary, and possibly the only heir.
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