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Posted on Thursday, October 15th, 2015 by Peter Klenk

From our “Ask a Question” mailbag: My father recently died a resident of Chester County, PA, but he owned a nice parcel of land in Susquehanna County, which has a Marcellus Shale gas lease. I found a buyer at a great price, as I am worried that the recent drop in oil prices could reduce the land’s value.

My brother was left out of the will, for very good reasons. He contacted the buyer and told him he plans to challenge the will. Now, the buyer might try to back out, as he doesn’t want to get stuck in litigation. My brother is full of bull: he never will challenge the will, as he knows it is bulletproof, but he knows he can draw this out and cause me trouble. What can I do?

Normally, your brother has one year from the date of the will’s filing to bring his Will Challenge. So, if you do nothing, then you just have to wait for the year to expire. To accelerate the process, have a Pennsylvania Probate Lawyer file a Petition with the Chester County Orphans’ Court to reduce that period to three months. This way, your brother will have to file his Will Challenge quickly. As you don’t think he will do so, the buyer’s concerns will be satisfied, the sale can move forward, and your brother no longer has the ability to toy with you.

If you have any other questions about Probate, feel free to contact our office for a free consultation with one of our Chester County Probate Attorneys.

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