Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

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

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Christian Milazzo

This law firm was super helpful with answering all my questions! Huge props specifically to Riley for their enormous assist with helping me get where I needed to go. They were fantastic!!!

Klenk Law Logo
Stars

Matthew Wentz

My experience with Klenk Law was nothing shy of amazing. I had done some quick research when searching for an estate attorney and was immediately drawn to Klenk Law being a veteran owned business and due to their support for veterans, first responders, and teachers . Every member of their staff was knowledgeable and patient through every step of the process and with all of my questions. They were honest and transparent with pricing and expectations. They were very timely with communications and kept me in the loop throughout the process. I will definitely recommend Klenk Law to friends and family.

Klenk Law Logo
Stars

Walker Vreeland

Peter Klenk was a joy to work with. He made sure I understood every element of the process of estate planning and his firm made the process seemless and uncomplicated. Very grateful!

Klenk Law Logo
Stars

John Heward

Peter offers excellent service in a easy friendly atmosphere. Highly recommended!

Klenk Law Logo
Stars

CEGM

Peters' firm has prepared and updated our Wills and Trusts for the last 15 to 20 years. They know the law and help with your decision making to use the law to your best advantage. Response time to your requests is very reasonable, and final reviews and signing is executed in a timely manor with a thorough coverage of the documents. Our most recent updates to our Wills & Trusts were somewhat complicated, in our opinion, but Peter and his staff handled them effortlessly. As you can tell from this review Peter Klenk's firm is top notch.

Let us put our expertise to work for you.

Free consultation within 24 hours.