Legal Question in Wills and Trusts in Pennsylvania
In PA - Three heirs, one of the heirs is administrator of the estate with no will. After all bills that existed at the time of death were paid, inheritance tax paid, tax return submitted but NO FINAL accounting and NO FAMILY SETTLEMENT, the administrator sold an additional parcel of the total land (solely to generate cash as there was no financial need for the estate at the time) and then distributed 100% of the proceeds between himself and one other heir, without notification or compensation to the third heir and without her agreement. This seems to be in violation of the fiduciary responsibilities of the administrator by taking actions that resulted in direct financial gain in a discriminatory manner for himself and against the heir who received nothing. Is this legal in PA?
1 Answer from Attorneys
Not the way you describe it. Why was no accounting filed? Why would the administrator distribute 100% of the proceeds to himself and only one heir? The heir who got nothing could file objections to any accounting. Moreover, this is highly improper so the heir who get nothing should get a probate litigation lawyer NOW.
There may be a problem with the sale of the parcel of property - I don't know if the administrator could sell it if there was no reason for the sale unless the other 2 heirs consented.
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