Legal Question in Wills and Trusts in Pennsylvania
My father had pass away and 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 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 the property as the business partner is renting nor talk to this business partner. 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 (family member) 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 actions can the attorneys for the estate take?
1 Answer from Attorneys
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.
You do not tell me what state your father resided in or when he passed. I am only admitted in GA, PA & NC. 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.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
