Blog & Resources

From Our “Ask a Question,” Mailbag: “My mother died last year, and my sister became the executor of her estate.  Things started well, but then she stopped communicating with our family. She has sold the house, liquidated accounts, but we have no idea about what she has done with the […]

From Our “Ask a Question” Mailbag: “Reasons to Request a Formal Accounting From a Burlington County, Personal Representative.” What Are Examples of When to Request a Formal Accounting From a Burlington County Executor: Reasons to Request a Burlington County Formal Accounting: Suspected Estate Asset Mismanagement. Mrs. Moorestown named her daughter, Florence, […]

From Our “Ask a Question” Mailbag: “Reasons to Request a Formal Accounting From a Lehigh County Executor.” What Are Examples of When to Request a Formal Accounting From a Lehigh County Executor: Reasons to Request a Formal Accounting: Suspected Mismanagement of Estate Assets. Mrs. Allentown died leaving a Will which named […]

From Our “Ask a Question” Mailbag: “What are Examples of Forcing a Power of Attorney to Account?” Examples of Forcing a Power of Attorney to Account: The executor is Given Unsatisfying Answers. Mr. Blue Bell died with a Will naming his son, Jenkintown, as his executor. During Mr. Blue Bell’s life, […]

From Our “Ask a Question” Mailbag: “When Should a Bucks County Executor File a Formal Accounting?” When Should a Bucks County Executor File a Formal Accounting: When the Beneficiaries Refuse to Sign an Informal Accounting. Mr. Doylestown died with a Will naming his son, New Hope, as his executor. Mr. Doylestown’s […]

From Our “Ask a Question” Mailbag: “What Are Reasons to Request a Formal Accounting From an Executor.” What Are Reasons to Request a Formal Accounting From an Executor: Theft. Mr. Philadephia died with a Will naming his son, Montgomery, as his executor. The Will divides his estate equally between his four […]

From our “Ask a Question” mailbag: I am the executor of my father’s estate in Bucks County. My sister and I do not speak, so the process has been terrible. She refuses to sign the family settlement agreement I sent her, and instead has petitioned the Orphans’ Court to make me account. Do I need to respond?

From our “Ask a Question” mailbag: My mother has Alzheimer’s, and my uncle has been handling her money for several years as her power of attorney. My sister and I are not given any information about how he is handling her money. Recently, he took his family on a long cruise that I know he could never afford on his own money. My sister and I feel he must have used our mother’s money to pay for his vacation. What can we do?

Your mother’s Power of Attorney names your uncle as her “Agent.” As Agent, he has a fiduciary duty to use those powers to care for your mother. In Pennsylvania, the Agent is given broad powers and very little oversight, but an interested person being able to easily get a court order for the Agent to account for every penny counter balances this flexibility.

From our “Ask a Question” mailbag: My sister willed me a share of the proceeds of her stamp collection. The executor (our brother) told me that he sold the collection and sent me a check. I think the collection was worth much more. How do I get the executor to explain?

You have the legal right to force the executor to account for the stamp collection and give you the details of the sale. If you believe your share should be greater, you can object to his accounting.

From our “Ask a Question” mailbag: My mother named me her power of attorney. For years, I used it to pay her bills and care for her. My mother recently died in Philadelphia without a will. My sister thinks I stole some money, but that is not true. She has served me a citation to account for my actions under the power of attorney, what do I do now?

By accepting the position of agent through your mother’s Power of Attorney, you became a fiduciary. As a fiduciary, you owed your mother a duty to look out for her best interest. But that job also comes with the obligation to explain your actions as Agent to certain people.