Legal Question in Wills and Trusts in Pennsylvania

Re: Executor of a will

As executor, your uncle had to first file, or probate, the will in the County where your grandfather resided at the time of his death. Any power of attorney from your grandfather became ineffective the moment when he died.

There are many steps that the executor must take before distributing assets of an estate. If the will was probated, you may go to the Office of the Register of Wills and ask to see the file.

If your uncle also had a Power of Attorney from your grandmother, he may continue to exercise his authority as her agent, but that would not include using your grandfather's assets until the estate administration has been concluded.

Some of your grandparents' assets may have been held jointly, or as tenants by the entirety, which means that upon your grandfather's death, those assets became assets of your grandmother alone. The would not be part of the estate and not available for distribution to heirs or beneficiaries of the will.

Under no circumstances does an executor or an agent under a power of attorney have the right to use assets of the deceased or the person to gave the power of attorney for the executor's or agent's personal use.

Executors are required to give certain notices to heirs and beneficiaries.

If family members suspect that your uncle has been misappropriating assets, there are proceedings in Orphans' Court to require the executor or agent to account for his actions.

You should consult a local estates lawyer to evaluate the situation and to assist you [or the appropriate heirs/beneficiaries]. You may not be an heir, if your parent who is the child of the grandfather survived him.

Category: Probate, Trusts, Wills & Estates