Legal Question in Wills and Trusts in Pennsylvania

This does not respond to most of your questions, but the executor does not have "free range" to anything. The executor is responsible for following the directions in the will, except to the extent that the law instructs otherwise. The executor must determine what all of the debts of the estate are, including taxes, to make sure that all are paid first, and only then to distribute what remains. The executor is also responsible for maintaining the assets in the estate, including real property and improvements.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I will answer your questions.

The duties of an executor are to figure out what the deceased owned and what he owed, pay any claims that are just debts of the estate and distribute what is left to the beneficiaries or you if you are the only heir. The lawyer's job is to make sure that all the paperwork is proper and to shepherd this through the legal system.

Along the way, the executor and lawyer have to publish notice in the newspaper and have to get real or other personal property appraised and they have to take an inventory of the property. The executor is liable for any damage to the property so this may be why he or she does not want you accessing the property or disposing of the property before it has been inventoried and appraised.

If the divorce is not final, then the ex-wife does have a claim for an elective share and she has 6 months to claim it. The time has not expired for that.

Yes, you can have the exector removed if he is not doing his job. In theory, the attorney represents the estate and beneficiaries. In practice, the executor gets to hire the attorney. So the attorney represents the executor and not you the beneficiary. If you are unsure, then get your own attorney. Objections can be made along the way and you do not want to miss the deadlines for doing so. You also want to make sure the executor is doing his/her job properly. However, just because you do not understand the process or disagree with what is occurring does not mean that the executor is not handling things correctly. Without an attoney to review the file, it is not possible to know.

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