Legal Question in Wills and Trusts in Pennsylvania
When a 75 year old dies and the executor of her will is also dead, how does the heir of her will have to do to receive the money in a bank account?
2 Answers from Attorneys
Good question. The answer depends on whether or not there is a secondary person named to be the Executor of the will. Assuming the Executor(s) named in the will are deceased, another individual would come forward and file a Petition to be appointed as the Administrator of the estate. Who has the right to be appointed would depend on who are the remaining living heirs. If you would like to take on the responsibility, you could do so, and I would be happy to assist you.
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I agree with Attorney Snyder. If the named executor in the will is unwilling or unable to serve or is dead, then see if the will names a successor. If no back up is named then anyone can petition the probate court to be appointed as the personal representative of that estate. That person will be the administrator. There is a general order of preference (spouse, children, other relatives). However, being administrator is usually a thankless job unless one is also a beneficiary of the estate. I suggest that if the will names no successor, then the recipient of the bulk of the assets may want to be the administrator. You provide no details so it is unclear how you are related to this situation.
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Can a poa touch a ira account Asked 5/19/16, 1:39 pm in United States Pennsylvania Probate, Trusts, Wills & Estates