Legal Question in Wills and Trusts in Pennsylvania
Executors' fiduciary responsibility
If a beneficiary to an estate feels that the estate's executors have not carried out the decedent's wishes as stipulated in the will, is there a procedure that can be followed to request the court to deny part or all of the executors' fees?
2 Answers from Attorneys
Re: Executors' fiduciary responsibility
Yes. It is usually called a "surcharge" action. The procedure will vary depending on what part of the probate you are in. This is usually pretty tricky stuff so you should contact an attorney to help you.
Re: Executors' fiduciary responsibility
You can petition th Court to removce the executor for failing to follow the the mandates of the will. If the estate administration is over and you are at the point where the Executor is having an audit by the Court to approve his fees, you can file exceptions to the Executor's account and have him surcharged if you can prove he did something wrong that resulted in financial harm. If no financial harm was done, but he violated the will's intent, you may be able to have his fees reduced for improper perfomance of his duties.
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