Call Us Now 215-790-1095
12 Oct, 2014

Keeping an Eye on the Executor in Delaware County

From our “Ask a Question” Mailbag: I think the Executor of my father’s estate is not being honest. How can I make sure? How can I go about keeping an eye on the executor in Delaware County?

Most Recently updated July 1, 2018

Keeping an eye on the executor in Delaware County

Beneficiaries of Delaware County estates will often approach us asking our help in keeping an eye on the executor of an estate. This is often the result of the executor not sharing information about the estate with the beneficiary, the executor’s unreasonable delays, or when the executor’s behavior has raised the beneficiary’s concern.

What steps are needed in keeping an eye on the Executor?

When we are asked about what steps a beneficiary can take in keeping an eye on the executor, I will outline various options, such as:

  • Reviewing the estate’s file at the Delaware Register of Wills. The executor is required to make certain, timely filings with the Register. These filings may hold valuable information about the executor’s progress…or lack thereof.
  • Contact the executor’s attorney to let that attorney know that you have now retained an attorney experienced in Delaware Probate and an attorney experienced in the Delaware Orphans’ Court. Sometimes an executor just needs a “nudge” from a lawyer to complete the estate.
  • Request an Informal Accounting and copies of the Pennsylvania Inheritance Tax Return. We would then review these documents with you for accuracy. Some executors make mistakes on these documents that are difficult for a non-Probate Attorney to recognize.
  • Threaten to file a Petition for Formal Accounting and possibly a Petition to Remove the Executor. Sometimes it is necessary to go to court. This is a threat our firm can back up, as we have both a Probate and a Delaware Orphans’ Court Litigation department.

What is a good plan of action in keeping an eye on the executor?

The exact plan of action taken whenever a Beneficiary asks us for help in keeping an eye on the executor will depend on the exact facts of the case and the relationships between the interested parties.

Some executors are slow to close an estate because of legitimate reasons. But at other times it is because they are lazy or emotionally unable to complete the job. The executor can also be spiteful or they can even be criminals using delay to cover theft. When a Delaware estate is not being handled in a manner you think appropriate, it is a good idea to have an experienced Delaware Probate and Orphans’ Court lawyer on your side.

Further Estate Litigation Questions?

Keeping an eye on the executor is only one of many Estate Litigation issues our firm addresses. Consequently, if you want to learn more, please read my more detailed article, Trust and Estate Litigation All You Need to Know.

In Conclusion: 

I hope that this article was helpful in explaining steps in keeping an eye on the executor. 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 experienced Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Litigation 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 put our 25 years of estate litigation experience to work for you.

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

Will Contest Attorney, Glen Ridenour.

Author, Peter Klenk, Esq.

Tags: Breach of Fiduciary Duty, Delaware County, Executor, Pennsylvania, Probate Attorney, Probate Lawyer

What Our clients are saying

Klenk Law Logo
Stars

Lu Han

I have worked with three different attorneys and law firms over the years, and I can confidently say that attorney Peter Klenk stands out as the most knowledgeable. He created the most thorough wills and trust documents I've ever had. Mr. Klenk took the time to gather all the necessary details about my current situation and goals. As a result, he put together comprehensive documents that I believe will effectively protect my assets and ensure my children's inheritance is secure.
What truly sets Mr. Klenk apart is his patience and dedication to understanding my questions. He provided detailed explanations that made complex legal concepts much easier to grasp. His team's communication and scheduling were equally impressive, making the entire process smooth and stress-free.
Thank you, Mr. Klenk, and your fantastic team, for your exceptional service!

Klenk Law Logo
Stars

Javier Suarez

The whole process of ensuring that I can provide my mother her wishes upon her death, was made easy by working with the team at Klenk Law. I received my documents quickly and properly.

Klenk Law Logo
Stars

Keith Austin

The Klenk team smoothly helped my family with the often thick and cumbersome estate planning documents. We would recommend them for this type of work! Thank you, Klenk Law!

Klenk Law Logo
Stars

Maureen O'Ryan

Peter Klenk was great at explaining complicated issues and making them understandable. He and his team were extremely efficient and I highly recommend them for the creation of wills and trusts.

Klenk Law Logo
Stars

Wendy Charlap

We came to this firm based because of the online reviews we read and were not disappointed. Peter and the staff were a pleasure to work with - Peter was friendly, knowledgeable and patient with all our questions and the office staff were extremely responsive and efficient with all the scheduling and follow up needed to get us ready for the signing. We also like that all documents are housed in a portal that is easily accessible. Thank you to Peter and the team for helping us cross 'update estate planning documents' off our list.

Let us put our expertise to work for you.

Free consultation within 24 hours.