Legal Question in Wills and Trusts in Pennsylvania
an heir named in will is deceased - 3 questions
what happens when a person named in a will as an heir to the estate is deceased? There are 3 other people named as heirs that are living. It was all to be divided equally. What authority does an executrix have regarding the decedants bank accounts and property? If anything is removed from bank or house, are they held accountable by anyone? Do they have to provide proof of what they have used the money for? If named an heir in a will, should you hire a lawyer to handle your interests?
2 Answers from Attorneys
Re: an heir named in will is deceased - 3 questions
If a devise(gift) in a will fails because the heir is dead, the devise is usually past on to the surving heirs, so long as the will is silent on the matter. That is, the will could specify an alternative heir for the gift. The personal representative(executor) has the authority over the assets of the estate, including all bank accounts. If the assets have been wrongfully taken by others, the PR may begin an action to recover the asset. A PR has a statutory obligation to account for all assets in an inventory and later through annual accountings. For more info, please contact my office at (248)851-3171.
Re: an heir named in will is deceased - 3 questions
When someone who is a nemd beneficiary dies usually the language gives the bequest to their "heirs" (a legal term of art). The executrix is required to provide an accounting of the estate (What property their is what value they have received for that property and what expenses). If they are negligent they are responsible for the removal of property from the estate. An attorney can certainly be helpful but his or her usefulness is obviously limited by the fee requested.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
