Legal Question in Wills and Trusts in Pennsylvania

This is not a legal question and this is not a forum to solicit thoughts about legal issues. I am sure there is some legal blog out there if you want to debate this.

I don't know where you make the connection between embezzlement and administration of estates. But that is what a bond is for. The bond is there to protect the beneficiaries from an executor with sticky fingers. The bond is usually sufficient to cover the estate assets. Also, in some states it is not possible to be convicted of a financial crime, like embezzlement, and be put in charge of an estate. See 20 PA C.S.A. � 3156. Persons not qualified (providing that no person shall be qualified to serve as a personal representative, other than an executor named in the will, who is found by the register to be unfit to be entrusted with the administration of the estate). Certainly someone who is convicted of embezzlement would fit this description in cases where there is no will or the person is not the named executor and wants to be in charge.

However, most people select family members and don't always require a bond. Ideally though the person who is named in a will as executor (if there is a will) should be someone who is trustworthy and not likely to engage in embezzlement.

I still do not make the connection with embezzlement. Embezzlement is much more likely when a decedent appoints an attorney as executor than a friend or family member. The complaints I see are not embezzlement but the executor just trying to benefit him or herself whether fairly or unfairly at the expense of the executor's siblings. Its not a case of embezzlement though because the executor in such cases is usually a partial beneficiary. You cannot steal from yourself.

The other answer to your question is not to sign a release and receipt. The executor will then be required to provide a formal accounting. Its up to the beneficiary to thoroughly review the accounting. If the executor has indeed engaged in embezzlement, it cannot be hidden. There is a great line from an old movie the gist of which is something like there must be a hundred ways to commit a crime and if you can think of 25 of them you are a genius. Most criminals are not geniuses and they invariably get caught. So review of what has transpired in an estate is up to the beneficiary. Court records are public documents and the beneficiary should have them reviewed if he or she thinks something is not right.

I don't understand how people are cheated before a person dies. That is so wrong. There is NO right to an inheritance from anybody. The decedent does not have to leave anyone a dime other than a spouse and even there the deceased just has to leave the spouse enough under the elective share statutes and no more. So its not possible for a beneficiary to be "cheated." What frequently happens is that before the decedent dies, he or she ends up in a nursing home and becomes mentally incompetent and some friend or relative gets a financial power of attorney and uses it improperly. Again, its up to the beneficiary to be vigilant. Powers of attorney are legal documents and the time for estate planning is not when mama has to go into the nursing home because she has Alzheimer's, The time to plan is when mama is still mentally competent and can have a power of attorney drafted by an attorney. The attorney can place restrictions in there regarding the ability of an agent to make gifts or change the beneficiary on an insurance policy (I do that for my clients). While not fool proof, the beneficiary also has an obligation to stay in touch with the deceased. Too often the beneficiaries have no idea what is going on but only come around to get their share of the inheritance. By then, its too late if an agent had sticky fingers. By being involved, if an agent is misusing a power of attorney, a beneficiary who really cares about the principal can step in and seek to bring a guardianship proceeding. Again, a guardian needs a bond and will prevent any loss of the kind you describe.

I think the issues run a lot deeper. We have a fundamentally corrupt society - everything is tainted by it - elections, finances, the judicial system, academics, sports - you name it. When cheating and stealing becomes the norm we become like overcrowded rats and start eating each other (metaphorically speaking). So it does not surprise me. It did not use to be this way - people took care of each other and the children took care of their aged parents and did not warehouse them in nursing homes. I cannot do anything about society as a whole - it will require a fundamental change in thinking to overcome. However, I can try to make my little part of the world as the best it can be and I would encourage others to clean up their own little areas too.

So if you have an aged relative, make sure that they have proper estate and end of life planning. Be aware of what is going on with them so they will not be taken advantage of. Make sure they choose wisely in selecting an executor. Copies of a will and other estate planning documents should be freely distributed to all close relatives.

I understand that nobody likes to talk about this but the fact is that all us are all going to die at some point. Death is a part of life. This is something that families should discuss - who will be in charge, what assets there are, what plans for funeral/burial there should be etc. It would go a long way to eliminating any problems.

I know there are some other PA attorneys who answer probate questions - maybe one or two of you will chime in and offer your thoughts???