Legal Question in Wills and Trusts in Pennsylvania

I'm in a Will and haven't received any money, he died 6 months from now


Asked on 3/27/15, 7:36 am

1 Answer from Attorneys

So? That means nothing. Or it could mean something. But the answer will depend on relevant facts which you do not choose to divulge.

Let us back up. Someone died with a will and named you beneficiary. Well and good. However, did this person have any probate assets? Not all assets are probate assets. Examples of non-probate assets are jointly owned real property or bank accounts or beneficiary designated assets like life insurance/annuities, pensions or retirement (401(k)s/IRAs).

Assuming that there are probate assets, the next questions are these: (1) was an estate probated (the will filed and an application for letters testamentary by the executor); (2) what has the executor done? has an inventory been filed? notice of appraisal given by the PA Revenue Department? creditors been notified? any accounting filed yet? (3) what claims/debts are there against the estate, if any?

Creditors have to be paid before beneficiaries named in the will get anything. If there is enough money, creditors get paid and net estate distributed. If not enough money to pay creditors, beneficiaries get nothing and creditor's are paid in order of priority. if there is enough money to pay creditors but not enough for all the beneficiaries then gifts to beneficiaries are adeemed in a certain order.

You also do not indicate who this person who died was and what relationship you had with this person. Was the dead person married? Are there any children? Any disgruntled heirs left out of the will such that they have or might file a will caveat?

You need to get answers to these questions. The place to start is to check with the county probate court (if in PA, its the Orphan's Court) and see if there is an estate pending. If not, then you need to go and see a lawyer about having the personal representative removed and becoming the administrator yourself or have a successor executor appointed if the named person is not doing his/her job. If so, then you need to see what has been done. If all is proceeding properly, then maybe you want to take no action and wait until the final accounting is filed. Once approved by the court then the distribution will occur. Generally any distributions made prior to confirmation are at risk to the executor and as I have no facts about the estate I do not know if it would be wise or ok in this case to make an early distribution.

Most estates are wrapped up within 1-2 years. After one year an executor is required to file status reports with the court as to what is being done.

If, after reviewing the file, you are still unsure, then you definitely need to make a copy of the file and take it to a probate attorney who practices in the state/county where the estate for the deceased is or would be pending. Pay the attorney to review the file and advise you as to your options as to what needs to be done.

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Answered on 3/27/15, 8:40 pm


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