From our “Ask a Question” mailbag: I have served as the executor for my grandfather’s Bucks County estate for over a year and wish to close the estate, but my uncle claims that I have embezzled money from the estate. This is unfounded, but how can I close the estate while he makes these claims?
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 uncle could then use his inheritance to hire a Bucks County Orphans’ Court Lawyer to force you to file a formal account. Because you would have distributed the estate funds, this cost would come out of your pocket.
Instead, you have the legal right to retain your own Bucks County Orphans’ Court Attorney to help you, as executor, 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 uncle is then free to object to your accounting, and if you cannot satisfy his objections, you willget a hearing in front of the Bucks County Orphans’ Court judge who renders a decision. Either way, you are then done and released.
It is unfortunate that your uncle is making these claims, but there is a forum available to you that will allow you to bring the estate to an end.
If you need assistance with estate administration or Probate in Bucks County, please call one of our Probate Lawyers or Estate Planning Attorneys for a free consultation.