Legal Question in Wills and Trusts in Pennsylvania
I live in pennsylvania and my question is about my fathers estate. i would
like to know if there is a statue of limitations to challange the estate.
there was no will and approx one million dollars was taken by my sister.
1 Answer from Attorneys
I don't understand the question. A caveat is only filed in regard to a will. If there is no will as you say, then the estate is distributed as per state intestacy laws. I do not understand how your sister can just "take" $1 million. Was she also the administrator? Was the estate in PA? If so, and if the estate was probated, then accounts have to be filed with the court. Beneficiaries of the estate have to be given notice and can object to the accounts. The time period for objecting is relatively short. Was proper notice given here?
Overall, assuming that everything was done, 5 years after final confirmation of the account..
20 Pa.C.S.A. � 3521
� 3521. Rehearing; relief granted
If any party in interest shall, within five years after the final confirmation of any account of a personal representative, file a petition to review any part of the account or of an auditor's report, or of the adjudication, or of any decree of distribution, setting forth specifically alleged errors therein, the court shall give such relief as equity and justice shall require: Provided, That no such review shall impose liability on the personal representative as to any property which was distributed by him in accordance with a decree of court before the filing of the petition. The court or master considering the petition may include in his adjudication or report findings of fact and of law as to the entire controversy, in pursuance of which a final order may be made.