Klenk Law

Can I contest charges the executor has paid from the Montgomery County estate?

Posted on Wed Oct 7, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: Montgomery County Executor Accounting Requests

Most Recently Updated July 22, 2018.

“My uncle left my brother and I each half of his estate, which included all his personal property. I found out that the executor gave much of the personal property to a non-heir. The executor is now listing as an estate expense the transportation costs and storage fees to get the property to this other person. Can I object to those charges?”

Probate-Fees

Montgomery County Executor Accounting Requests

Montgomery County Executor Accounting Requests

Pennsylvania Executors are given a great deal of flexibility to manage the estate with little oversight, which in general saves estates money. When the executor behaves badly, though, the probate system is not alerted.

As an heir of the estate, you are given power which counters the Executor’s power. For the Executor to be released from liability to you, he needs you to sign a release. Without it, you are free to Petition the Orphans’ Court who will force the Executor to file an Accounting and justify all expenses.

If the Orphans’ Court judge finds that the fees or charges paid were inappropriate, then the court can “surcharge” the Executor and force him to reimburse the estate (50% of which is your money). From the facts you have recited, it appears that the fees paid and the gift given were inappropriate. You are free as the harmed heir to have us bring this matter to the Executor’s attention and your intention to contest the fees. DO NOT sign any releases. The Executor should recognize his error and we can hopefully come to an agreement. Sometimes an Executor just needs to know that you are serious enough to retain an attorney, then they do the right thing. If not, you can have us file the Petition.

More Probate Questions?

The Montgomery County Executor Accounting Requests is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Montgomery County Executor Accounting Requests

I hope that this article was helpful in explaining Montgomery County Executor Accounting Requests. 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 Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate 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 make the process as painless as possible!

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Formal Accounting, Informal Accounting, Montgomery County, Pennsylvania, Probate, Probate Attorney, Probate Lawyer

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