Legal Question in Wills and Trusts in Pennsylvania

my fathers estate did not have any funds although he had a house. my brother (the administrator) wanted me (and himself) to put 5k into the estate to fund it for specific house repairs and other expenses, funeral, lawyer,...i agrreed on condition of specific house repairs. well he made ADDITIONAL repairs without my consent. of which he used MY money i lent to the estate. can he do this? i would think that he and i entered into a contract where i gave him X and he was going to do Y but he did Z. in my opinion he breached, no?


Asked on 10/20/12, 8:32 pm

1 Answer from Attorneys

I don't understand what was done here. So what is going to happen to the home? Will it be sold and you reimbursed?

If you just "gave" your brother funds without getting any kind of written documentation, then he may or may not have breached. He could claim this was a gift or he could deny that there were any other conditions. And I don't see from your post how your brother breached any alleged agreement. You agreed to loan him $5,000 for the repairs. He made the repairs. You indicate that he was to add funds. How do you know that your dollars went towards added repairs and not the first set of repairs? And $5,000 is not all that much - what were the other expenses and how much did repairs cost? Plus the funeral and other expenses?

Your post raises too may questions which will require analysis by an attorney. Since you do not indicate when your father died, where your father lived at the time of his death or whether an estate is pending, I suggest that you contact a probate attorney who practices in the county/state where your father's estate is or would be be probated.

If your brother is an administrator, that would suggest that your father had no will and that your father's estate was land rich and cash poor. Most states require debts of the estate to be paid BEFORE the heirs can receive any probate assets.

The attorney will have to review whether there is a will and what has been done in terms of probate as well as review the assets and debts and any documentation regarding this infusion of cash from you. If it can be established that there was written documentation evidencing a loan, you do not indicate what your damages would be other than getting reimbursed from a sale of the realty which may not occur very soon depending on where the land is located. As I said, the heirs cannot inherit anything until the debts of the estate are paid. Regardless of what you do, there should be no more infusions of cash by you.

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Answered on 10/21/12, 9:36 pm


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