Legal Question in Wills and Trusts in Pennsylvania

If any heirs are unhappy about the way one of them is administering the estate and thinks that improper actions being taken, those concerned heirs should get their own attorney to review how the estate is being processed and to advise them on their options. When an administrator is improperly administering an estate, it is possible to seek his removal and the appointment of a substitute.

You may or may not have the right to do this.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

First of all let me say that I am sorry for your loss and I am even sorrier that issues have arisen between the three sons.

To answer your first questions, the attorney for the estate is correct. This is a very fine line and sticky issue for attorneys who represent the estate. One thing is for sure, if you want son "a" removed, the attorney for the estate who was hired by son "a" cannot now at your request present a petition to have him removed.

Just because he was son "a"'s personal attorney for other matters, that does not create a conflict when it comes to him representing brother "a" as the execuor of the estate.

If you wish to remove son "a", I would be more than happy to offer a free consultation to see if that is the right decision. In order to do so, it would be better for me to speak with you and collect more facts. As stated, this would be a free consultation.

If you would like a free consultation, please contact me at 412-904-4469, or [email protected].

I look forward to speaking with you.

Hillary

The estate attorney represents the estate. He can't choose to represent sons "B" and "C" against another heir, son "A". It was not a conflict of interest for him to take the estate initially - although he was no "A"'s attorney, he had a duty to represent the estate, not son "A."

All of the sons are being ridiculous here. They can spend money but it goes in the pockets of their respective lawyers, not them. You have not given me any information as to why Son "A" needs to be removed. Its not that he is not doing his job really - its just that he seems to r.

What the sons need to do is work out some kind of a family settlement agreement - it may be that all the sons need to put some cash into the estate to pay debts. Since son "A" reallly wants one of the properties, why not let him have it? Sons "B" and "C" can take the other properties. Howeever, this all depends on the value of the properties and the debts. They can work out something like what I proposed but then it depends on the value of the properties and what is needed for the debts have reached an impasse and isn't talking.

My point is that you can spend time and resources trying to pursue what may be a fruitless effort to remove son "A" or all of the heirs could spend their time and money more productively in achieving a reasonable resolution. That is what needs done here. The properties should be valued by appraisals if necessary so that correct values are arrived at for the parcel that son "A" wants..