Legal Question in Business Law in Pennsylvania
My Father passed away in Oct. of 2011 and I have 2 sisters and my father did not have a will. Me and my twin sister, decided, because our eldest sister had more time then we did too make her excutress of the estate.... the lawyers at that time had re-assured me and my other sister nothing would be done without the 3 of us agreeing on it. Well although we did all decide to sell his car to possibly someone, I gave possesion of the car to the excutress who wanted to get it detailed. She went behind my back the next day and sold the car for 13,000 to a car dealership when we as sisters had agreed we wouldnt let it go for less than 24,0000 thats what book value was, and if i wanted to purchase the car that i had to pay all except my 3rd of the ownership...but never offered it too me for 13,000 which i could have easily afforded to buy out my sisters. Now my problem is that the attorney promised nothing could be done unless we all agreed but when i called her said to me well you knew we were going to sell the car, but we never agreed on a price and i didnt find out it was sold till i got a copy of a check from the car dealership via the attorney!! That car was very important an i assure you its the point of that i feel betrayed by my sister and the attorney and if i am correct we signed paperwork saying the only right she had was to sign checks and important papers like taxes.......but would never be able to override what my other sis and i wanted? Do i have the right tooo sue the estate when its said and done or is this something i should look more into before the estate settles??? Thank you for advice on this i am very heart broken and feel sooo betrayed!!
1 Answer from Attorneys
Since there is no will, your sister's actions as Administratrix are clearly defined by the law, and she is under a duty to act in the best interests of the Estate and your father's beneficiaries. I think that you should consult an attorney of your own (with your other sister). You have absolutely have the right to file objections now to, the manner in which your sister is administering the Estate. Technically, the Estate's attorney has to provide you with all documents in connection with the Estate. The significance of these documents, or the absence of any documents. You certainly have the right to object to the sale of major assets of the estate. If you wait until the the Estate is settled it might be too late, and you may find that she has made other distributions or sales of your father's property. Because your sister has already sold the vehicle, she has already disregarded her agreement, and any sale to a dealership certainly would be for less than a private sale. That is why I think you need to consult with a lawyer to represent you, who has experience in Estate Matters in Chester County, if that is where the estate is located.
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