Legal Question in Wills and Trusts in Pennsylvania

How do you decline being an executor of a relative's will?

My oldest brother died recently, leaving a will written before the birth of his two children, who are now in their teens. He was divorced and had custody of them. He left everything to our younger brother who was also named executor. His only assets appear to be the furnishings of his (mortgaged) house. He left a large credit card debt. The mother of the children has taken custody of them. Someone has suggested that my brother decline being executor. How do you do that? Can his children (or their mother, as their guardian) legally take possession of the furnishings since there is nothing else for them?


Asked on 1/29/01, 10:43 pm

1 Answer from Attorneys
Richard O'Neill The O'Neill Law Office

Re: How do you decline being an executor of a relative's will?

Your brother can decline from being executor by simply signing a statement to that effect. If an executor is unwilling to serve then depending on what the Will says another executor is appointed. His children cannot take possession of his effects because the Will dictates to whom they go. A person can disinherit their children under PA law. This is why Wills should be updated. If your brother wants to give the possessions to the children he can, he can simply "disclaim" the inheritance or give it to them after the Will is probated (but if he gives more than $10,000 in value there may be gift taxes applicable.)

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Answered on 3/15/01, 9:39 am


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