Legal Question in Wills and Trusts in Pennsylvania

Re: Legal Responsibilities of Executor

There is no specific time for the Will to be probated. There is usually only a minimum time during which the Will cannot be probated, usually 10 days to 2 weeks following the date of death. If there is the potential for death taxes (state or federal), the Will needs to be probated some time before the due date of the death tax returns (usually due by 9 months from the date of death) so the estate can be evaluated for reporting in these returns. The question of the ring will become a he said/she said type of argument if it is questioned and litigated, and could go either way. Part of a decision may hinge on what other personal property there was and how it was handled both under the Will and by the executor. I might suggest trying to find out if the ring was insured and what was reported to the insurance company. If it was a valuable ring, the executor probably wanted it insured and you might want to find out if and when insurance on it was taken. If before the date of death, this might make the executor's argument of the gift before death more convincing. Finally, to remove an executor, the family will have to show, by a court proceeding in the court where the Will was probated, that no action has taken place or improper handling of the estate has taken place.