Legal Question in Wills and Trusts in Pennsylvania

Yes, of course.an executor can be removed. Here is a link to a good article: http://www.sjfpc.com/probate_removal_executor_trustee_pa_probate_law.html

First, you complain that the executor is not letting people have stuff which belonged to your mother. That in and of itself is not necessarily a reason for removal. An executor cannot make any distributions of property because these are at risk - meaning that the personal representative is liable for all stuff given out before the estate is closed. Distributions of all valuable stuff should be made after the accounting is confirmed by the court/clerk, not before.

You next mention he gave you the car after he drove it. That is bad. But you have explained why you could not act sooner.

You mention your mother did not have a will. Then your brother cannot be executor. When a person dies without a will, the person is called dying intestate. In which case anyone can apply to become administrator over the estate. Now, did your brother formally apply to be the administrator? Was an estate probated? If not, then your brother is in charge of nothing. Now that you are out of jail, you or any other family member can apply to be administrator. If your brother was formnally appointed then you would have to seek his removal, as outlined in the article.

The nieces get nothing. What your mother did or did not want is irrelevant. That is why people make wills - in the will they specify who gets what. If your mother did not think to make a will then either she did not care what happened to her stuff or she was fine with allowing state intestacy law to govern. Under state intestacy law, the dead person's stuff is divided between the dead person's living spouse, if any, and the dead person's children. It is only in the event that one of the children died would a grandchild inherit anything from your mother's estate.

Did you sign those papers presented by your brother? Because if yoou did then he lied to you. It sounds like you gave your share of the home to your brother. The problem is that I don't know how long ago this was and I don't know if there is anything you can do. There is nothing in your post which suggests that your brother prohibited you from reading the papers for yourself and if you did not understand them then going to a lawyer. If that is the case, the courts take a dim view of this - its your responsibility to read and understand what you are signing, not rely on whatever story your brother spins for you. But I don't know all the facts. Was brother a lawyer? Did brother engage in some kind of fraud?

I suggest that you and your other siblings all get together and see a probate lawyer who practices in the county where mother resided at the time of her death. Check with the court to see if an estate file for your mother was opened, If ir was, make a copy and take to the lawyer. If not, then ask the lawyer to tell you what the intestacy laws are and see what you will get. Let the lawyer review any papers you signed. See whether anything can be done now and, if so, what it will cost to handle this. You will also have to determine whether the benefits to litigation will be outweighed by the costs. If your brother mishandled things, does he have the ability to reimburse the estate for distribution to the other heirs? Did your mother have probate assets which would be enough to pay any debts and leave something to the heirs? How much would the heirs get if things were handled properly?

Don't answer me but you need to answer these questions. Litigation is very very expensive and you need to see if its worthwhile.

PS - here is the statute for removing a personal representative in Pennsylvania:

20 Pa.C.S.A. � 3182. Grounds for removal

The court shall have exclusive power to remove a personal representative when he:

(1) is wasting or mismanaging the estate, is or is likely to become insolvent, or has failed to perform any duty imposed by law; or

(2) Deleted. 1992, April 16, P.L. 108, No. 24, � 4, effective in 60 days.

(3) has become incapacitated to discharge the duties of his office because of sickness or physical or mental incapacity and his incapacity is likely to continue to the injury of the estate; or

(4) has removed from the Commonwealth or has ceased to have a known place of residence therein, without furnishing such security or additional security as the court shall direct; or

(4.1) has been charged with voluntary manslaughter or homicide, except homicide by vehicle, as set forth in sections 3155 (relating to persons entitled) and 3156 (relating to persons not qualified), provided that the removal shall not occur on these grounds if the charge has been dismissed, withdrawn or terminated by a verdict of not guilty; or

(5) when, for any other reason, the interests of the estate are likely to be jeopardized by his continuance in office.