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?
Tag: Estate Litigation
From our “Ask a Question” mailbag: I am the executor of my mother’s estate in Delaware County, Pennsylvania. I have advertised the estate and paid all the valid creditors. However, a neighbor of my mother has made a claim for $10,000 that has no validity. Can I make distribution without paying him?
The quick answer is yes, but the correct answer is that you should not.
From our “Ask a Question” mailbag: My husband received a small sum from his aunt’s estate. We looked up the will ourselves at the Camden County Surrogate, and we believe he should have gotten more. The executor will not answer our questions. What can we do?
From our “Ask a Question” mailbag: My Mom’s will says that all estate money is divided equally between her children. The Personal Representative said she would be writing us equal checks. It has been 9 months and I have not received a check. How do I get her to hold up her end of the will terms?
New Jersey gives the Personal Representative a great deal of unsupervised power to handle the estate. If you feel that this power is being abused, you have the right to force her to appear in court and explain herself. You can hire an attorney experienced in Surrogate’s Court litigation who can file for you a Petition forcing the Personal Representative to file a Schedule of Distribution, which is her road-map plan of how she will distribute the estate’s assets.
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 mother died a resident of Bucks County and named her sister as her executor. I am the beneficiary of the entire estate. My aunt filed the will last month, but has changed the locks on the house and refuses to answer my calls. She has a history of alcohol abuse and I am worried that she is spending the estate money on herself. Is there any way that I could freeze the accounts and protect my inheritance?
Pennsylvania executors are given a great deal of power to act on their own, without court supervision, and are not obligated to share much information with you on demand. This works well when the executor is honest, as the estate can be managed less expensively.
From our “Ask a Question” mailbag: My brother named me his agent under his Atlantic County, New Jersey power of attorney. Now my sister claims I embezzled and stole money using that power of attorney. How do I clear my name?
As agent, you are permitted to retain an Atlantic County Surrogates Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or object. If they file objections, you are then able to address these objections in front of a judge. In the end, the judge then rules on the evidence presented.
From our “Ask a Question” mailbag: My brother used undue influence on my father — who suffered from Alzheimer’s — to change his will. I have filed a will contest in Camden County. My brother’s attorney is not doing any work, as he says the burden is on me. Is he correct?
When you are the challenger in a will contest the initial burden of proof is on you to show that the will was created under undue influence. An experienced will contest lawyer can explain this burden to you, as it is a bit too complex for a blog post.
From our “Ask a Question” mailbag: My Dad passed away this month. When he died, I found out that I was still on his Gloucester County lease as a cosigner. The lease was signed in 2011. I had moved out in 2013, letting the management company know that I wanted off the lease. When I asked if the management company had anything for me to sign, they replied ‘no’. When I moved out, my Dad had let his brother, his brother’s son, and his brother’s grandson move in. They are still there and the landlord knows of the situation, asking them for money for every day they have been there past May. At best, when my Dad died I thought I would be morally obligated to remove my Dad’s property and clean. Instead, the feeling I am getting is that the landlord wants to hold me responsible for damages, utilities, and possible future rent. Dad had nothing and I am a stay-at-home mom of special needs children.
You have mentioned a number of potential issues. First, the only person who has the authority to act for your dad after he has died is the Personal Representative of his estate (if he had a Will) or the Administrator of his estate (if he had no Will). It sounds like your dad (or his estate) owes the landlord some money.
From our “Ask a Question” mailbag: I am the executor of my father’s estate in Lehigh 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?
Yes, you must respond to the petition. As a beneficiary, your sister has every right to ask that you file a formal account with the Court. She does not have to show that you have done anything wrong, only that she is a beneficiary. She may have done you a favor, because it is clear that she was never going to sign your family settlement agreement. This would mean dragging the estate administration on potentially for years. Now you get a court-mandated end date.
