Laurel, MD asked in Probate for Pennsylvania

Q: Can taking $3500 family exemption considered attacking my mom's will? I lived w/her for 4 yrs. Residual to be divided.

I am to get house & nothing else. I want to claim family exemption, to keep some furniture, dishes, pans etc.. The rest is to be divided among 3 siblings. My brother (executor) says this is attacking the will & mom's wishes. Therefore, I receive nothing. Is this possible? PLEASE HELP

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1 Lawyer Answer
John B. Whalen, Jr.
John B. Whalen, Jr.
  • Probate Lawyer
  • Wayne, PA
  • Licensed in Pennsylvania

A: ... hello ...

... no - not at all (and whoever is telling you this is - your brother - should not be doing so) ... further - you can claim the Family Exemption in cash ($3,500.00) and also retain some of the personal property as part of your 1/4 residual share ...

... if you need more help, I would suggest a short consult with an experienced Estates and Probate attorney ...

... good luck ...

... John ...

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