Need help finding resources

ms2662

New Member
Jurisdiction
Pennsylvania
My mother passed away last March. Her attorney, now executor of her will, is dragging his feet for still undetermined reasons. Her estate is relatively simple. Her house, empty since 2013, was just listed for sale. I voice my objections repeatedly. However, my emails are usually ignored, my phone calls not answered, and messages not responded to. He finally responded recently to let me know that the estate will likely not be settled until after at least the two year mark. He will not provide any information on the finances of the estate.

I'm looking for a list of beneficiary rights in PA. Things like whether he must respond and give me financial info? I know estate law is murky at times, but I'm hoping something exists. I would like to do this without hiring an attorney. Thanks.
 
Have you seen a copy of this alleged will?

Have you investigated the person alleging to be an attorney for any misconduct complaints?

Did mother's "lawyer" also handle mother's finances?

Your "spidy" senses might have cause to tingle, two years seems like a very long time, unless mother was a billionaire.

Once the testator dies, the executor must file the will for probate. In Pennsylvania, the executor may probate the will at any time after the testator's death.

As mother's offspring, you or one of your siblings, would seem to be a likely executor of her estate, not some lawyer who'll POSSIBLY steal from a dead woman and her heirs.


The executor must file for probate in the county register of wills office in which the testator last resided. The will goes to probate so that the executor can prove the will's validity. In Pennsylvania, the filing for probate is called filing a "petition for letters testamentary." The court oversees how the executor administers the estate, makes sure all Pennsylvania laws are followed and adjudicates any disputes that arise from the executor's administration of the estate.


The executor owes what the law refers to as a "fiduciary duty" to the estate. In other words, the executor must always make decisions based on the best interest of the estate. That means the executor cannot act in the best interest of himself, the estate's beneficiaries or other persons. The executor bears responsibility to pay all the estate's debts with assets from the estate after inventorying the assets of the estate. After the estate is inventoried and debts are paid consistent with Pennsylvania law, the executor must transfer the estate's assets to the will's beneficiaries.


The executor must file Pennsylvania Inheritance Tax Return REV-1500 with the county register of wills. The form is for the estate tax and the executor must file it within 9 months of the testator's death.


Has this "jackball" even opened a probate case?

What is the approximate value of the estate?

How much of that total is real estate?

Was mother of sound mind upon her passing?

Was the "jackball" also mother's guardian?
 
Have you seen a copy of this alleged will?

Have you investigated the person alleging to be an attorney for any misconduct complaints?

Did mother's "lawyer" also handle mother's finances?

Your "spidy" senses might have cause to tingle, two years seems like a very long time, unless mother was a billionaire.

Once the testator dies, the executor must file the will for probate. In Pennsylvania, the executor may probate the will at any time after the testator's death.

As mother's offspring, you or one of your siblings, would seem to be a likely executor of her estate, not some lawyer who'll POSSIBLY steal from a dead woman and her heirs.


The executor must file for probate in the county register of wills office in which the testator last resided. The will goes to probate so that the executor can prove the will's validity. In Pennsylvania, the filing for probate is called filing a "petition for letters testamentary." The court oversees how the executor administers the estate, makes sure all Pennsylvania laws are followed and adjudicates any disputes that arise from the executor's administration of the estate.


The executor owes what the law refers to as a "fiduciary duty" to the estate. In other words, the executor must always make decisions based on the best interest of the estate. That means the executor cannot act in the best interest of himself, the estate's beneficiaries or other persons. The executor bears responsibility to pay all the estate's debts with assets from the estate after inventorying the assets of the estate. After the estate is inventoried and debts are paid consistent with Pennsylvania law, the executor must transfer the estate's assets to the will's beneficiaries.


The executor must file Pennsylvania Inheritance Tax Return REV-1500 with the county register of wills. The form is for the estate tax and the executor must file it within 9 months of the testator's death.


Has this "jackball" even opened a probate case?

What is the approximate value of the estate?

How much of that total is real estate?

Was mother of sound mind upon her passing?

Was the "jackball" also mother's guardian?


Thanks for the response and the link.

The attorney has represented my parents for many years. My mother had dementia. He had P.O.A. and handled my her finances as my brother and I both reside out of state. He is generally reputable although, another attorney (and former gubernatorial candidate) in their 4 lawyer firm received a reprimand from the state board for his handling of estate cases. I know they're two different people, but it still causes concern. Additionally, he was not honest with me regarding the handling of her 401k. Per your suggestion, I will investigate any complaints against him.

I'm unsure of the estate value. What's left is her house and the bank accounts-401k has been distributed to the beneficiaries by the bank. There is likely not much in the bank accounts; although I have no idea. The house was recently listed at $325,000. That is a little overpriced. It will likely sell for $275,000. There is still a mortgage on the house-which has been one of my biggest issues. Why pay mortgage, taxes, landscaping, insurance for 15+ months? The mortgage is the only debt, and I was told the sale price will exceed the debt.

The attorney filed the will with the county Register of Wills. I don't know if that alone opens a probate case.
 
My mother passed away last March.

Does this mean March 2016 or March 2017?

Her attorney, now executor of her will, is dragging his feet for still undetermined reasons.

Dragging his feet about what?

I voice my objections repeatedly.

Objections to what?

He finally responded recently to let me know that the estate will likely not be settled until after at least the two year mark. He will not provide any information on the finances of the estate.

Have you visited the probate court clerk's office to look through the case file for the estate? If not, why not?

whether he must respond and give me financial info?

The executor of an estate is obligated to serve on all beneficiaries/heirs and other persons named in the deceased's will (if she had one) regular accountings. "Regular" typically means once a year or maybe every six months.
 
whether he must respond and give me financial info?

The executor of an estate is obligated to serve on all beneficiaries/heirs and other persons named in the deceased's will (if she had one) regular accountings. "Regular" typically means once a year or maybe every six months. If your mother died in March 2017, it hasn't even been six months. If she died in March 2016, then you should have received at least one accounting by now. All that being said, the executor is not required to respond to every random inquiry.

I would like to do this without hiring an attorney.

Would you rather hire a lawyer now, while there's still time to do something, or wait until something happens that can't be undone?
 
Does this mean March 2016 or March 2017?



Dragging his feet about what?



Objections to what?



Have you visited the probate court clerk's office to look through the case file for the estate? If not, why not?



The executor of an estate is obligated to serve on all beneficiaries/heirs and other persons named in the deceased's will (if she had one) regular accountings. "Regular" typically means once a year or maybe every six months.
Does this mean March 2016 or March 2017?



Dragging his feet about what?



Objections to what?



Have you visited the probate court clerk's office to look through the case file for the estate? If not, why not?



The executor of an estate is obligated to serve on all beneficiaries/heirs and other persons named in the deceased's will (if she had one) regular accountings. "Regular" typically means once a year or maybe every six months.

Thanks for responding. My mother died in March 2016. On that day, the attorney said he had not yet sold the house (uninhabited since 2013) because he liked being able to tell my mother that she still owned the house. I expressed my displeasure, and he said it would be listed no later than 1 May 2016-which didn't happen.

There is less foot dragging now that the house is listed. The house is overpriced and the listing has been, and probably still is, inaccurate(lot acreage , amenities , etc.) He has already suggested that the estate will not close until well past six months after the sale. I would like him to lower the sale price, but he hasn't. I know that's not my decision. Frankly, I'm afraid he will pull the house and re-list it next May.

I haven't visited the probate court. I understand most court records are public, but, honestly, as a non-attorney it's not something that has emerged in my thought process as an option.
 
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