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Tag: Standard of Care for Fiduciaries

2 Apr, 2015

Compelling an Executor to Release Inheritance in Delaware County, PA

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

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26 Mar, 2015

Exclusive Power of Appointment and Bad Faith in Montgomery County Orphans’ Court Litigation

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.

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25 Mar, 2015

Avoiding Removal as an Executor on Delaware County, PA

I am the Executor of a Delaware County, Pennsylvania Estate. The beneficiaries are making unreasonable demands and have hinted at attempting to have me replaced as Executor. Should I be worried about removal?

In Delaware County, removing an Executor or Personal Representative is not typically an easy task especially in a plain vanilla estate administration situation. Petitioning for removal of an Executor requires an in-depth knowledge of Pennsylvania law. In its simplest form, in order to remove an Executor, it must be show by clear and convincing evidence that the interests of the Estate are likely to be jeopardized by the Executor’s continuation in office.

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16 Mar, 2015

Compelling Chester County Executor to Pay Your 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.

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10 Mar, 2015

Dealing with an Unresponsive Attorney in Gloucester County

I am a New Jersey resident serving as the Personal Representative of my mother’s Gloucester County, New Jersey Estate. I hired a Gloucester County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?

As the Personal Representative, the Probate Attorney works for you. You hire the Probate Attorney, and you can fire the Probate Attorney. Many attorneys fail to recognize that we work in a service industry, client satisfaction is important!

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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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7 Nov, 2014

Keeping an Eye on the Personal Representative in Florida

Beneficiaries of Florida estates will often approach us asking our help in keeping an eye on the estate’s Personal Representative (in most states this person is called an executor). This is often the result of the Personal Representative not sharing information about the estate with the beneficiary, the Personal Representative’s unreasonable delays, or when the Personal Representative’s behavior has raised the beneficiary’s concern.

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