Legal Question in Wills and Trusts in Pennsylvania
According to our Attorney, In regards to inheritance, all bills are paid, executor gets their share, attorney collects his fee, inheritance tax is paid. State (Penna.) must APPROVE inheritance tax BEFORE ANY inheritance is distributed. After approval, the remaining heirs MUST approve and sign a paper of the accounting. What happens if an heir refuses to sign the paper of the accounting, which of course NOBODY will receive their inheritance then. Also, the executor wanted to distribute a partial inheritance, but lawyer said all heirs MUST sign some paper for any of us to get a partial. Is this true?
1 Answer from Attorneys
This is an appropriate way to conduct the distribution of estate assets. The reason for a partial distribution now and for the complete distribution later is to make sure that there are no outstanding debts of the decedent. A receipt, release and refunding bond may be among the papers included with the accounting. It provides that each person who has inherited and received a distribution agrees to return his/her share of what is needed to pay any such debts.
In certain instances, it may be possible for heirs to receive a partial distribution if there is only one holdout. But imagine that you are one of the heirs who receives a distribution, and other heirs do not sign the refunding bond. If there are debts that cannot be paid, you might be called on to give back most or all of what you have received to make up for those who do not sign. For that reason, there will not be a distribution without all of the heirs signing.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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I'm actually not sure whether my question "fits" with... Asked 10/13/11, 11:39 am in United States Pennsylvania Probate, Trusts, Wills & Estates