Legal Question in Wills and Trusts in Pennsylvania
What can an heir expect from an executor
A widowed mother passes away. She has 8 children and appoints 3 of them as co-executors. Her real estate has previously been given in trust to her one handicapped child. The will asks for certain debts to be paid, certain bequests to the church, and the residual to be equally divided among the eight children. The risidual consists mostly of automobile and household furniture and contents- no money. Can the co-executors take it upon themselves to give away items to anyone they choose including folks not mentioned in the will? Do the heirs have a right to know where everything went? Can the executors just open the will and then do as they please?
1 Answer from Attorneys
Re: What can an heir expect from an executor
The duties of an executor in administering an estate begins with filing the will with the Register of Wills for the County in PA where she resided at the time of her death. The executor's duties are to determine all of the debts and obligations, including income and inheritance and estate taxes, gather all of the belongings of any kind, arrange to file all tax returns, pay all debts (only out of the assets of the deceased, not the executor's personal assets), and then to distribute the balance as directed in the will.
Executors do not have the right to give belongings of the decedent away to whomever they please. If the Will referred to a personal property memorandum written by the decedent, and one was found, personal property may be distributed in accordance with the memorandum.
Usually, executors provide an accounting to the beneficiaries [Not all "heirs" (relatives) are necessarily beneficiaries under the Will], and have all of the beneficiaries sign a release of some kind, before distributing any assets. Executors are personally liable if they distribute assets without paying off all debts and obligations of the decedent, and also if they distribute property to persons other than the beneficiaries named in the Will.