From our “Ask a Question” mailbag: The will says that all funds are to be equally divided between the siblings. The executor is dividing things unevenly. We had an agreement how things were to be divided. What can I do if the Executor is not holding up her end of the will?
I believe what you are describing is an estate that has been opened with the Philadelphia Register of Wills and Letters Testamentary issued to one person, the Executor. The Will says that the estate is to be divided up equally between the deceased person’s children but, the Executor has decided on her own to divide up and distribute the estate’s assets unequally.
If so, you have the right as a beneficiary to retain a Orphans’ Court attorney to file a Petition with the Philadelphia Orphans’ Court to force the executor to provide a Schedule of Distribution. This Schedule of Distribution is the Executor’s official guideline of how she plans to distribute estate assets. You then have the power to object to the plan if you find it incorrect. The executor would then have to explain to the judge why they are not incorrect.
The Orphans’ Court can protect you, but you have to bring the case to the Orphans’ Court judge in order for the judge to enforce your rights.
If you have any other questions about Probate in Philadelphia County, feel free to contact our office for a free consultation.