Legal Question in Wills and Trusts in Pennsylvania
My mom passed away 2 months ago. She had everything set up for my step brother and i in payable on death accounts. My plan to save some time and money and to collect the pod accounts and have the attorney do the probate account. She did not own a house. and everything was paid for including her burial. The estate only had a car worth nine thousand and stock acc worth four thousand. The will left everything to us as co executors and a 50/ 50 split. I have collected my share on 2 of the pod accounts and have 2 left. I have the necessary tax forms to file and have found an attorney to do the probate on the estate. My step brother has changed his mind and want,s an attorney friend of his to do the probate. I don,t have a problem with him doing it,but my brother says he has to collect all the pod accounts. I told him we can do the rest of that ourselves. Now he won,t go to the bank with me to sign off on the last 2 accounts.Is there a way to get my share of the pod accounts with out him? And how do i finish the probate, can i file some type of complaint with the probate judge?
1 Answer from Attorneys
Making 2 people joint executors is a mistake unless they can agree all the time on everything. Its clear in your case that you do not.
POD accounts should not require an executor - just the named beneficiary so I don't know why your step-brother must collect ALL the pod accounts since these are not probate assets.
You have a problem. You need to see that probate attorney. A petition could be filed with the court. See below - 20 Pa.C.S.A. � 3328. I think an easier solution might be just to have a neutral third party be the administrator of the estate because neither one of you seems geared to renounce as executor (I would not do so given how your step-brother is acting) and he is not going to do it either.
20 Pa.C.S.A. � 3328. Disagreement of personal representatives
(a) Decision of majority.--If a dispute shall arise among personal representatives, the decision of the majority shall control unless otherwise provided by the governing instrument, if any. A dissenting personal representative shall join with the majority to carry out a majority decision requiring affirmative action and may be ordered to do so by the court. A dissenting personal representative shall not be liable for the consequences of any majority decision even though he joins in carrying it out, if his dissent is expressed promptly to all the other personal representatives: Provided, That liability for failure to join in administering the estate or to prevent a breach of trust may not be thus avoided.
(b) When no majority.--When a dispute shall arise among personal representatives as to the exercise or nonexercise of any of their powers and there shall be no agreement of a majority of them, unless otherwise provided by the governing instrument, the court, upon petition filed by any of the personal representatives or by any party in interest, aided if necessary by the report of a master, in its discretion, may direct the exercise or nonexercise of the power as the court shall deem for the best interest of the estate.
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.
