I wasn't notified of a will reading but was told I was named . Is this possible?

Question

My Grandmother died in 1997, leaving everything to her two children. My father & aunt. I have 3 step-siblings from my adoptive fathers previous marriage. I found out 2 years after g'mas death that the estate was put into probate & the sibs & aunt had full control of estate & my father just got the house he lived in. how is this possible? I was told it was an irravokable trust. My father died 3 years ago & the sibs made me prove he had adopted me which I was able to do. Then one called and said medicade took all the money from the sale of dads house & there was nothing to recieve from the estate. OK no problem. Then the other day I inquired at the local funeral home as to when my dads headstone would be put up & they said one wasn't ever ordered. My sibs told me that the family estate would pay for the entire funeral cost so no need for money out of anyones pocket. he said that he was surprised one hadn't been ordered because of the sale of the family estate recently. how can this be?

BTW... I was told the will named her 2 children & 6 of the 7 grandchildren (one of them being me) the will gave a large chunk of the sharesto my father & the rest to my aunt In the event of her childrens death the estate would go the the grandchildren, right? how did the sibs get control of the estate to begin with with both dad & aunt living?

Answer 1

I have been involved in wills, trusts, and estates since 1970, and I have never seen or heard of a reading of a will other than in the movies or television.

Usually, the attorney for the estate and the personal representative (executor) file a petition for probate and notify all parties in interest. In my state, Pennsylvania, the Supreme Court Orphans Court Rules [Rule 5.6] require a notice to each person who might be a legatee or an heir under the intestate act to recieve a notice listing the Caption of the Estate, the Address of the Register of Wills, the names and addresses of the executor and the attorney, whether the decedent died testate or intestate, and it must either provide a copy of the will or tell the recipient where he or she may obtain a copy. Furthermore, the attorney or personal representative must certify to the Court that they have given notice to the beneficiaries as required.

If you don't have a copy of the will, contact the personal representative or the attorney for the estate. In most cases, they will either mail you or fax you a copy of the will. If they are being hard nosed and tell you to contact the Register of Wills Office, you will have to pay the fees that that office charges for copies.

It is often difficult to locate named beneficiaries under the terms of a will. Sometimes the attorney for the estate or the personal representative must contact numerous relatives to secure contact information.

Pennsylvania requires a listing of the legatees to be included in the state inheritance tax return, together with their relationship to the deceased, the amount of bequest, etc. If there is a large estate, the same information, together with social security number must be included on the Federal Estate Tax Return.

Answer 2

First responder is correct. It may not have been known ahead of time that you were named in the will, or even if so, where you might be found.

Answer 3

Yes it happened to me. No big deal, the reading is just in case anyone want to protest the will. If no one protests (and even if they do, it's impossible they will win) you will get what was left to you.