Legal Question in Wills and Trusts in Pennsylvania

Inventory was filed two months ago. I can't get the estate attorney or the executor to respond. As a beneficiary I would like to compel an accounting. In my petition letter, do I explain all my concerns, patent ambiguities in Will, assets not listed ect.. or do I just ask for a formal accounting and address the other issues in court? Should the petition letter be sent certified along with a check or is it better to hand deliver?


Asked on 11/10/16, 2:30 pm

1 Answer from Attorneys

No. I don't know what you are doing but you need to get a probate lawyer now. If there are ambiguities in the will the time to assert them was when the will was submitted for probate. I don't know if you still can bring a caveat but an attorney will have to review the will and your "ambiguities" and see if its possible. I don't know how assets could not be listed. Those are listed in inventories filed with the court. If there is new property (say where rental income comes in or an item is sold by the estate) that gets listed in the annual or final accounting.

Why are you filing a petition with a check? That is a no no. Courts do not accept personal checks. Unless you know in advance what the filing fee will be (use a money order), you have to do it in person with cash. But if there are time constraints, filing in person is the better way to go. A document is not considered filed until the clerk clocks it in. You must serve your petition on the personal representative and/or his/her attorney.

I strongly suggest before you do something stupid that you consult an attorney and review the estate file to see why no final accounting has been confirmed. Is the personal representative just not doing his/her job? Or are they waiting for approval by the tax authorities? How long has it been since letters testamentary were granted? It takes 1-2 years to settle most estates depending on size and complexity. Has it been longer than that or shorter? If a year has passed, has the personal representative filed status reports explaining why the estate cannot be completed?

If the personal representative is not doing his/her job, you file a petition to remove him/her and have a successor named (if any is designated in the will) or an administrator.

These are just some things. Your query leaves out all of the important details here which is why you really need to see a probate attorney who practices in the county/estate where the estate is pending. And you have to have the attorney review the estate file to see what has or has not been done and determine if a caveat can be filed and whether it makes sense to do so.

Read more
Answered on 11/20/16, 10:01 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania