From our “Ask a Question” Mailbag: Acquiring Releases of Liability as Executor in Delaware County, PA
Most Recently Updated July 14, 2018.
“I am the executor of my mother’s estate in Delaware County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?”
Acquiring Releases of Liability as Executor in Delaware County, PA
You are right to be concerned. Prior to making distributions from the estate, you should insist on getting a release of liability.
Typically the probate attorney assembles a Settlement Agreement and attaches to the agreement a complete Accounting of your actions plus a Schedule of Distribution where you inform the heirs of how you plan to distribute the estate assets. After all the heirs agree and sign the Settlement Agreement, you can safely make distribution.
When an heir refuses to sign the Settlement Agreement, you are then forced to file a Formal Accounting. Yours would be filed with the Delaware County Orphans’ Court. These Formal Accountings must follow specific rules. All the heirs are then given a date to file objections to your accounting. If none are filed, then your Accounting is approved and you are protected. If an heir objects to your accounting there is a hearing where the judge hears all sides and makes a ruling. Either way, you are then released from future liability and you can finally make your distributions.
Further Estate Litigation Questions?
Acquiring Releases of Liability as an Executor is only one of many Estate Litigation issues our firm addresses. Consequently, if you want to learn more, please read my more detailed article, Trust and Estate Litigation All You Need to Know.
In Conclusion: Acquiring Releases of Liability as Executor in Delaware County
I hope that this article was helpful in explaining what you may need to do to get a release of liability. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!
Let our Litigation Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Litigation Attorneys. By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to put our 25 years of estate litigation experience to work for you.
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