Legal Question in Wills and Trusts in Pennsylvania

As an heir to an estate, do I have the right to know what bank the estate account is being held? Also, if one of the executors caused a lawsuit and a judgement to be filed against the estate for something they did as POA, can I file a suit against them for the amount of the judgement?


Asked on 3/30/11, 12:32 pm

1 Answer from Attorneys

As an heir, why do you need to know where the estate bank account is listed? However, this might be in the inventory or accounts filed with the probate court. I do not know where the deceased lived at the time of his or her death, but check with that count/state's probate court. The probate court goes by different names in different states - in PA, for example, its called the Orphan's Court. In New York, its called the Surrogate's Court. Information in the court's file is a matter of public record. However, the clerk of the court is not obligated to give it to you over the phone and they may require you or someone else to get the file.

I do not understand your second question. Why would an executor of the estate sue the estate and get a judgment against the estate for something that the power of attorney did when the power of attorney is the same as the executor?

Powers of attorney end at death. If the agent under the power of attorney did something wrong, then he or she needs to be removed as executor of the estate. Then the estate can sue the power of attorney. If the estate recovers a judgment against the agent, then those funds go into the estate and would be distributed to the heirs. You, as an heir, have no right to sue on your own behalf.

If nothing had been done and the person who is now serving as executor had not brought any legal action, you or any of the heirs could seek to remove the executor (if you can show mismanagement), get a new executor or administrator appointed and then sue the old executor/agent for any loss caused to the estate.

If the estate has already recovered a judgment, then I assume that the wayward agent is either reimbursing the estate for the loss or, if they are also an heir, are forfeiting their share of the estate as reimbursement. In such case, you would not sue.

Since I do not have all of the facts, I suggest that you contact a probate litigation attorney in the county/state where the estate is probated and pay him or her to review all of the paperwork in the file to give you better advice.

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Answered on 3/30/11, 3:07 pm


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