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Can I close my mother’s Lehigh County estate if I’m facing embezzlement claims?

Posted on Tue Jun 16, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: Closing a Lehigh County Estate While Accused of Wrongdoing

Most Recently Updated July 15, 2018.

“I have served as the Executor for my mother’s Lehigh County estate for over a year and wish to close the estate. However, my brother claims that I have embezzled money from the estate. This is ridiculous, but how can I close the estate while he makes these claims?”

Power-of-Attorney-Abuse

Closing a Lehigh County Estate While Accused of Wrongdoing

Closing a Lehigh County Estate While Accused of Wrongdoing

As the executor, you could make an “at risk” distribution of the estate assets. This means you distribute the money without getting a release. This is not advisable, as your brother could then use his inheritance to hire a Lehigh County Orphans’ Court Lawyer to force you to file a formal account. Because you would have distributed the estate funds, this cost would have to come out of your pocket.

Your Legal Rights

Instead, you have the legal right to retain your own Lehigh County Orphans’ Court Attorney to help you assemble and file a Formal Accounting. The costs related to this are a normal cost of an estate and paid out of the estate’s funds. Your brother is then free to object to your accounting, and if you cannot satisfy his objections, you will get a hearing in front of the Lehigh County Orphans’ Court judge who renders a decision. Either way, you are then done and released.

It is unfortunate that your brother is making these claims, but there is a forum available to you that will allow you to bring the estate to a close.

More Probate Questions?

The accounting 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:Closing a Lehigh County Estate While Accused of Wrongdoing

I hope that this article was helpful in explaining an accounting. 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!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

 

Tags:

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

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