From our “Ask a Question” Mailbag: Breach of Fiduciary Duty by Philadelphia Executor

Most Recently Updated July 21, 2018.

“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?”

Breach of Fiduciary Duty by Philadelphia Executor

Breach of Fiduciary Duty by Philadelphia Executor

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.

Petition for a Schedule of Distribution

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.

Further Estate Litigation Questions?

The petition for a schedule of distribution 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: Breach of Fiduciary Duty by Philadelphia Executor

I hope that this article was helpful in explaining a schedule of distribution. 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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