Legal Question in Wills and Trusts in Pennsylvania

My father had pass away 20 May 2010 and we live in Pennsylvania in his will I was given everything however, one building has been given the opportunity to be sold to a business partner which has 90 days to buy or pass, if pass then the building will be sold and the profits dividend. I have made it known that I would buy the business if the partner cannot. The executor of the will (uncle) has not been informing me the beneficiary of any proceedings of the will or business. I have also found that the partner is not able to purchase the building/business. I have found that this same executor is making deals through third parties to purchase said build/business with the partner. I have been given everything however; I am not allow access to any of the properties, business, home or even allow to communicate with the business partner (odd) because the business partner is renting the building in question. I might add that I�m also 300 miles away I have a few times visited, and each time the business partner was not able.

Can the executor (uncle) use their executor stats to gain an upper hand in making deals which will take over the business?

Who is the executor looking out for and can he appropriate the business/building without my knowing?

I have asked this and other questions directly to the estate attorneys and have not received a reply.

What action can the attorneys for the estate take?


Asked on 7/09/10, 11:54 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Any time that a business is part of an estate, parties need their own lawyers. Especially here, where the executor is not necessarily a beneficiary, and is possibly acting against your interest, you should consult with an estates lawyer, in the county where your father's estate is being administered, as soon as possible to protect your interest.

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.

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Answered on 7/09/10, 3:20 pm

Didn't you ask this question before? My answer was as follows:

The executor is supposed to be looking out for the estate. His duties, in a nutshell, are to figure out what your father owned, what he owed, pay any just debts if there is enough money to pay all the claims and give what is left to the beneficiaries. That is it - not to make under the table deals so he will benefit personally.

What I would do is immediately get a probation attorney, preferably one who does litigation as it might become necessary. Take a copy of the court file to the attorney. The file should have the will, the order appointing the executor, an inventory of the assets (if it is due to be filed) and possibly an accounting listing any disbursements. There should also be evidence that notice was given to creditors. It will depend on the stage of the proceedings - some of these things might not even be due yet so they may not be in the file. The lawyer can then step in to protect your rights. If the executor is truly making deals on the side, the attorney may have to ask him to step down since he is not adhering to the terms of the will.

Although you now state that you live in Pennsylvania, you do not tell me where your father lived at the time of his death or where his estate was probated. You also indicate that you are 300 miles away from the business partner, but you do not indicate where the building is located. While you are familiar with the facts, we attorneys are not. You need an attorney in the county/state in which the estate was probated. The building could be in another state and you may also need an attorney there but I would start with the place where the main estate was probated.

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Answered on 7/11/10, 9:00 pm


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