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Tag: Estate Litigation

19 Feb, 2015

Fair Allocation of Wrongful Death and Survival Action Proceeds

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.

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17 Feb, 2015

Executor won’t pay my inheritance, what next?

My Grandmother died three years ago in Montgomery 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 Montgomery 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 Montgomery County Orphans’ Court lawyer file a Petition for Accounting with the Montgomery County Orphans’ Court.

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10 Feb, 2015

Executor’s Actions Prior to Estate Asset Distribution in Pennsylvania

I am the executor of my mother’s estate in Montgomery 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.

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4 Feb, 2015

Pennsylvania Inheritance Demands When Executor Does Not Respond

My Grandmother died three years ago in Philadelphia 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 Philadelphia 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 Philadelphia Orphans’ Court lawyer file a Petition for Accounting with the Philadelphia Orphans’ Court. The executor must reply, or face potential removal and surcharge.

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2 Feb, 2015

Avoiding Ex-Spouse Drama as a New Jersey Executor

I am the Executor of my Brother’s Burlington 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.

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26 Jan, 2015

What information must a Trustee give a Beneficiary in Pennsylvania?

My parents were both residents of Delaware County, Pennsylvania. When they died they put my inheritance in a trust and appointed my brother as trustee. What information is he required to give me as trustee of my Trust? As a Beneficiary, is the trustee required to give me updates and financial information of my trust?

In 2006, Pennsylvania adopted the PA Uniform Trust Act. This law imposes a duty on trustees to inform Beneficiaries about the existence of the trust, along with certain current information on the trust.

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22 Dec, 2014

Pennsylvania Wrongful Death and Survival Action

What recourse exists when a loved ones death is caused by the negligent, reckless or intentional actions of another? In most instances, the family will ask the Personal Representative of the estate to bring Wrongful Death and Survival Action claims. Although they are frequently brought together, there are key differences to focus on, and consider, when bringing these claims in any state. This article uses the Pennsylvania Wrongful Death and Survival Action statues, which are similar but not identical to those in neighboring New York and New Jersey, to address these differences between a Wrongful Death and Survival Action. For each claim we’ll examine (1) who can bring the claim when, (2) why the claim is brought, and (3) how the proceeds are divided.

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