Legal Question in Wills and Trusts in Pennsylvania

Thank you for your question. The Executor/Executrix is charged with the duty of carrying out the decedent's requests as they are set forth in the decedent's will. In this regard, the executor/executrix has a fiduciary duty to act in good faith and in the best interests of the estate and the beneficiaries, but this does not give the beneficiaries the right to dictate what an Executor/Executrix will do. If you and your siblings believe that your sister is not acting in good faith and that her actions are not in the best interests of the other beneficiaries, your only recourse is to file a Petition with the Orphans' Court, asking that your sister be removed as Executrix and have the Court appoint a successor/substitute Executrix. However, you should bear in mind that a disagreement between an Executor and the beneficiaries about the price at which an asset of the estate should be sold might not be a sufficient basis for the Orphans' Court Judge to appoint a successor/substitute Executrix. Normally, evidence of bad faith or personal gain by the Executor/Executrix would have to be shown in order for the Court to grant the relief prayed for in the Petition.

Your best course of action is to have the real property appraised by an expert and if the appraisal comes in at a value which is substantially higher than what your sister has listed the house for sale, then you would have a better chance of having the Orphans' Court grant your Petition.

Best of luck,

ANDREA G. TILLIS

It does make a difference whether your father in his will specifically "left" the real estate to you or instead simply called for his entire estate (or the residue after specific gifts, debts, and expenses) to be divided among you & your siblings. In the former instance (specific devise) the probate code says that the realty may not be sold without your approval. In the other instance it may be sold; however the price must still be fair to everyone interested in the estate. As to "fair" you'd need an appraisal. Often we believe real estate is more valuable than the price it could actually bring.