Legal Question in Wills and Trusts in Pennsylvania

A mesothelioma settlement from my uncles estate waspassed down to my mothers estate who died in July of 2012. My brother is the executor and he said it cost him 12K for funeral costs for our deceased parents. He didn't mention this years ago can he now withhold my share? And what sort of account would this money be held in? Can he just withdraw money or does he have to show the Pennsylvania probate court what's he's withdrawing? All taxes have been settled and I've received no accounting from him I'm named in the will 50/50 as brothers. I've contacted the probate court for paperwork and this has been since November 23 2015 when the state approved the settlement. Is it too late to get my share?


Asked on 1/23/16, 4:53 pm

1 Answer from Attorneys

You now post again but this time with more facts. The estate cannot be closed until a final accounting is filed and, if closed, it will have to be re-opened to administer the added funds. The mesothelioma settlement would have passed to uncle's heirs under his will. That would have been exempt from creditor's claims. I am not sure why it would be passed to your mother's estate. That does not make sense if the settlement was not approved until after your mother died, then her share should have gone directly to her heirs. But I cannot speculate since I do not have documentation to review.

Again, the answer is the same. There is no rule of law or of court or statute which authorizes the executors to deny a share to the beneficiaries. The only basis for that would be that all administrative claims are paid first which would include a funeral expense. That is the responsibility of the estate and if someone paid for it then they are entitled to reimbursement if money comes into the estate suddenly. But all of this has to be documented and an accounted for.

You need to get a copy of the court file and get your own probate attorney who practices in the county where the estate is pending instead of posting on a public forum. This is not intended to be a substitute for actual review of the estate and documentation.

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Answered on 1/24/16, 4:11 pm


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