Legal Question in Wills and Trusts in Pennsylvania
My mother passed away 3 months ago. There are 5 beneficiaries and only one is entitled to live in the home according to the Will. (intellectual disability, but he drives a car and cares for himself) 2 other beneficiaries have been living in this home for 8 years and continue to do so. These two beneficiaries forged mothers checks and stole aprox. $5,000 from her account 2 month prior to her death. ( I have a police report of it) I notified the executor/beneficiary of the estate, who lives far away/ works full time and have gotten no reply. I have gotten calls from the beneficiaries/ my brothers living in the home asking me if I want certain furniture ect..because they are clearing things out. I let them know not to remove anything because the estate is still in probate. My mother was 88 yrs old when she passed. I know she had jewelry and collected many thing over the years. Two unscrupulous beneficiaries living in the estate and no reply from the executor? 1.) Would the stolen money be part of the estate? 2.) if there was no inventory done by the executor and anything of value was stolen during probate, how can a judge decide the value of the estate? 3.) Shouldn�t the beneficiaries be removed from the home?
1 Answer from Attorneys
You need to see a probate lawyer who practices in the county/state where the estate is pending. Frankly, 3 months is not enough time to do anything, but this is kind of troubling. The executor has to file an inventory within 90 days of appointment but it can be filed later unless you request otherwise. See
20 Pa.C.S.A. � 3301 below.
Yes, the stolen money could be part of the estate. But the executor has the ability to compromise claims or give up claims. An executor could decide that it is not worth it to pursue. Or the executor could decide that the beneficiary who stole funds can have the funds deducted from his/her share. Having a police report, while helpful to prosecution, means nothing. It is not proof that anyone stole anything.
Again, you have to ask for an inventory to be filed. The executor needs to step up to the plate here and if he/she is not doing his job, then you or anyone else can seek to remove the executor and become administrator. The executor can maintain control of the home and he should not be allowing beneficiaries to live in the home rent free and dispose of assets. You should consult a probate attorney right away if you are a beneficiary of the estate.
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20 Pa.C.S.A. � 3301. Duty of personal representative.
(a) General assets.--Every personal representative shall file with the register a verified inventory of all real and personal estate of the decedent, except real estate outside of this Commonwealth. An ancillary personal representative shall include in the inventory only assets for which he is responsible.
(b) Real estate outside of Commonwealth.--The inventory shall include at the end a memorandum of real estate outside of this Commonwealth. The memorandum, at the election of the personal representative, may indicate the value of each item of real estate included therein, but the values so fixed shall not be extended into the total of the inventory or included as real estate in subsequent accountings.
(c) Time for filing.--The personal representative shall file his inventory no later than the date he files his account or the due date, including any extension, for the filing of the inheritance tax return for the estate, whichever is earlier. Any party in interest in the estate may request the filing of an inventory at an earlier date by writing delivered to the personal representative or his attorney in which event an inventory shall be filed within three months after the appointment of the personal representative or within 30 days after the request, whichever is later. The court may direct the personal representative to file an inventory of estate assets at any time.
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