Legal Question in Wills and Trusts in Pennsylvania
last minute request not stated in a will and an executor
If a father asks his kids at a family meeting to take what they want in the house and no one argues this not even the executor and it is not repeated in the will and the executor is your brother, is it still valid? My father has passed away and now the executor my brother is refusing to comply. He wants to sell everything and has refused me and my siblings when we have offered to pay.
My brother has 4 kids, a wife, is about to be pushed into retirement and has major finance problems. I am very confused should he be the executor? Can we remove him as the executor of the will and place a lawyer as executor?
3 Answers from Attorneys
Re: last minute request not stated in a will and an executor
Yes he may be removed for misconduct or negligence and you may apply for executor. Call me directly at 16192223504.
Re: last minute request not stated in a will and an executor
The question is did they actually accept the gifts. That would be evidenced by their taking possession of the personal property.
For it to be a valid inter vivos gift, a gift made while the donor (person giving the gift) is alive the donee (recipient) must accept the gift. Acceptance maybe actual, they took possession of the gift or symbolic like taking of keys to a car. Once that happens the property is no longer in your father's property and is not subject to distribution by his will.
As to whether you can remove your brother as executor is more complex. I would need to know where the will is to be probated and if it has been entered to probate or not. This information would be helpful to advise you on how hard it would be to remove him.
Feel free to contact me with that information. I don't charge for intital consultantations.
{John}
Re: last minute request not stated in a will and an executor
In addition to Mr. Davidson's observations, it depends what the will says. Is your brother violating your father's written instructions?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
