Blog & Resources

Some form of legal action is the first thought of most children who are disinherited by their parents, especially when their perceived share of the parents’ estate goes to their siblings instead. If it is your intention to create an estate plan that disinherits a child or to challenge a plan that disinherits you, many options exist.

The Orphans’ Court of Common Pleas of Montgomery County, Pennsylvania recently ruled on one parent’s strategy to disinherit in the Zucker Estate.

I am the executor of my mother’s estate in Delaware County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate, you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

I am the personal representative of my brother’s Atlantic County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

My Grandmother died three years ago in Chester County leaving me a lump sum in her Will. The house is sold, the taxes are paid but I have not received my inheritance. The executor will not return my calls, what can I do?

As the heir of a Chester County estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance. If the executor will not give you one voluntarily, you can have your Chester County Orphans’ Court lawyer file a Petition for Accounting with the Chester County Orphans’ Court. The executor must reply, or face potential removal and surcharge.

I am the executor of my mother’s estate in Chester County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate, you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

I am the executor of my mother’s estate in Bucks County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

My Grandmother died three years ago in Bucks County leaving me a lump sum in her Will. The house is sold, the taxes are paid but I have not received my inheritance. The executor will not return my calls, what can I do?

As the heir of a Bucks County estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance.

I am the personal representative of my brother’s Gloucester County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

I am the personal representative of my brother’s Camden County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

I am an administrator of my mother’s Delaware County estate. She died 4 years ago in a car accident without a Will, unmarried and survived by my nephew and myself. My brother died before my mother, and my brother had one son, my nephew. I opened up her estate with the Register of Wills in Delaware County. Later, I hired a lawyer to bring a wrongful death lawsuit against the man who ran into my mother. That lawsuit is about to be settled, and my attorney is asking me to approve that settlement. The funds are to be divided 90% Wrongful Death and 10% Survival Action. Is this fair to my nephew, and as administrator, do I have a duty to pursue a different mix?

This is an issue you should certainly be concerned about.