From our “Ask a Question” Mailbag: Can an executor obtain a release of liability in Montgomery County, PA?
Most Recently Updated July 6, 2018.
“I am the Executor of a Montgomery County estate and the trustee of the trust into which the estate assets pour. The trust is for my brother. He is the beneficiary of the estate. What do I do when the beneficiary’s lawyer does not engage me?”
An Executor Obtain Release of Liability in Montgomery County – Possible??
Careful! First, the executor needs to understand that the beneficiary of the estate is not the brother; the beneficiary of the estate is the trust for the brother. The brother is a beneficiary of the trust, but he is not the heir of the estate. He may have an attorney, but the executor may be giving that attorney too much power over estate matters.
How can an Executor obtain a release of liability in Montgomery County?
The executor will want to obtain a release of liability. In a way, the executor obtains that from himself as trustee of the trust. As there is obviously self-interest in getting the release, the executor should also obtain a release from his brother. This can be done two ways.
The executor can have an experienced Probate Attorney prepare and file a Formal Petition for Accounting with the Montgomery Orphans’ Court. This should be done in the format outlined by the Pennsylvania Supreme Court. The executor’s brother and his lawyer will then be forced to either object to the account or not. Either way, the matter is finally resolved and the executor has obtained his release.
The executor can have his Probate Attorney prepare an Informal Accounting for the brother and his lawyer. The executor should only spend time on this option if he believes that there is a good chance that his brother will agree with the accounting. If he will not, do not waste the time; file the Formal Accounting. If he is willing to give the executor a release, the executor can move forward with funding the trust without the cost of filing the Formal Accounting.
How can an executor pay for advice or the procedure?
The executor has the right to use estate funds to retain a Probate Attorney to advise them. Because the executor is in a complex situation, it would be wise to use some of that money to let an experienced Montgomery County Probate Lawyer review the facts and provide good advice.
More Probate Questions?
The process for an executor obtain a release of liability in Montgomery County 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: Executor Obtain a Release of Liability in Montgomery County
I hope that this article was helpful in explaining how an executor can obtain a release of liability. 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
Peter Klenk, Probate Lawyer