Legal Question in Wills and Trusts in Pennsylvania

The inheritanice taxes have been approved by pa state. I filed to compel an accounting rule 3501.1 the car that was in the tax return was put into a beneficiary name 6 months before decedent passed. The car was not listed in the inventory when that was filed. The car was never marshalled. The only other real asset is the house and several beneficiaries continue living in the home. I get no reply from executor or the attorney.


Asked on 1/13/17, 4:20 pm

1 Answer from Attorneys

There is no rule 3501.1. I assume you are referring to the statute codified at 20 20 Pa.C.S.A. � 3501.1, which discusses the accounting:

� 3501.1. Accounting by personal representative

A personal representative may file his account at any time after four months from the first complete advertisement of the original grant of letters, but shall not file it earlier unless directed to do so by the court. A personal representative may be cited to file an account at any time after the expiration of six months from the first complete advertisement of the original grant of letters. A personal representative may be directed by the court to file an account of his administration at any time.

This statute does not say that a beneficiary can file anything;. Again, I am not sure what you file or what the specific process is. However, if there is an estate attorney then I would have to know if more than a year has passed since the letters testamentary were issued. I would also need to see the estate file to know what has been done or not done. There would be a transfer tax on the car because it was transferred less than 1 year before death, depending on the value of the car. I am not a tax attorney so I am not sure why the car was included in the tax return. Regarding the house, I don't know what the will says. Is it to be sold? Why are beneficiaries living in the home? Are they paying for it?

I do not need answers to these questions. No attorney is going to proffer a legal opinion on a public bulletin board, especially without reviewing. what has been done. Again, your original question concerned this document that you filed. Since I have not seen the document and do not know if it was properly served, as I indicated, it is up to the litigants in a case to schedule a hearing .The court is not going to do it for you. I strongly suggest that you go and pay for a consult with a probate attorney who practices in the county w here the estate is pending. Possibly, the attorney can then write to the estate attorney and try to get some answers for you. If there is no response, then the attorney can petition the court to have the existing executor removed if he/she is not doing his job and refuses to file an accounting.

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Answered on 1/13/17, 9:59 pm


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