Clarksville, MD asked in Probate for Maryland

Q: I need to find the PA intestate laws that were in place in 1964. Where could I find this information?

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Anthony M. Avery
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A: I would go to a PA Law School Library and search through the old State Statutes. You might find them online, but a hardcopy to examine is more reassuring, especially if you plan on litigating.

A: Why do you need this information 60 years after the fact? Are you questioning an estate distribution from 1964? I am not a PA lawyer so I cannot speak to PA law, but in most jurisdictions—such as Maryland where you posted this question—there is a statute of limitations for contesting an estate distribution if it was not in compliance with the law. In Maryland that is typically 18 months from the date the estate is closed. There is an exception for fraud, but in addition to that being extremely fact dependent and difficult to prove, the doctrine of laches would almost certainly defeat a claim this late. In addition, if you were not one of the direct living heirs who would have received a distribution in 1964, then you would have no standing to bring a challenge even if the claim was not time-barred. Just because you might have later inherited from another heir under that estate had it been distributed to them does not give you standing now. You cannot inherit another person’s legal claim.

If this is simply an academic exercise for informational purposes, the legislature in PA should have a legislative library that archives all the laws of the state throughout its history. Alternatively, find a PA estate attorney and pay them to perform the research for you, or at least discuss why you want this information in the first place, as there may be relevant information you can be provided that will address your concerns, and help you decide whether it is even necessary or practical to perform the research in the first place.

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