Legal Question in Wills and Trusts in Pennsylvania

No he cannot withhold your shaer and your post makes no sense. The job of the executor is to figure what is legimately owed and owned, to pay the just debts/claims and then distribute whatever is left as per the will. Funeral expenses are a priority and are to be paid out of estate assets. If he paid, then I assume he will present receipts in the final accounting and justify this.

Once you are served with the final accounting, you have 10 days to object if you believe something is erroneous.

The executor cannot make a distribution of assets to a beneficiary until the estate accounting has been confirmed by the clerk or court and the estate is closed. This is because the executor is at risk for any personal distributions made prior to the final accounting and confirmation. Of course, this depends on the claims against the estate and what assets are in it. The executor does not want to be in a position of parceling out money or other tangible valuable property and have to ask for it back as more money is needed to pay a claim. Also, in Pennsylvania, there are inheritance taxes owed and the Pennsylvania Revenue Department must issue a notice before an estate can be closed.

You do not indicate when your mother died. Final tax returns might also have to be filed. There is a possibility that you did not accurately hear or understand what your brother told you. There is also a possibility that he may have received information from the attorney for the estate and he did not know how or simply did not accurately convey it to you.

Since you are not clear on what is going on, I suggest you take a copy of the will and any other documents in the court file (such as the 90-day inventory and notice to creditors) and pay a probate attorney who practices in the county where the estate is pending to review everything and make sure that the estate is being properly handled.

Thank you for your question. Please accept my sincerest condolences on the passing of your mother.

Your brother's duties as the executor of your late mother's estate is first, to see that all just debts, including funeral expenses are paid out of estate assets. The executor has the responsibility of paying all of the decedent's debts and funeral expenses from the assets of the estate. If your brother paid for the funeral expenses, he is entitled to reimbursement from estate assets. Once this is accomplished, the executor then distributes the bequests as provided in the decedent's will. So, once all of your late mother's debts are paid and your brother is reimbursed for any funeral expenses he paid on behalf of the decedent, your brother must distribute the bequests in accordance with the provisions your late mother made in her will.

An executor cannot "wind up the estate" until all distributions are made to the beneficiaries and your brother must give you the bequests left to you in your mother's will. If you doubt any of the actions taken by your brother, you should retain the services of an Attorney experienced in Pennsylvania Estate law who will ask your brother to furnish you and the Orphans' Court with a formal accounting. The Orphans Court in the County in which your late mother resided at the time of her demise has jurisdiction of the estate.

Best of luck,

ANDREA G. TILLIS, 610-259-2724