Legal Question in Wills and Trusts in Pennsylvania

my uncle was the executor of my dads estate. I was the sole beneficiary. I just got a call, 15 yrs later stating that the estate was settled..I was under the impression that it had been settled 15 yrs ago...also, as the benificiary i've never seen any of the paperwork from the accountant or the attorney, what was sold, how much money there was, etc., nothing. can i get this information somehow.


Asked on 5/11/12, 8:11 am

1 Answer from Attorneys

You do not indicate where your uncle's estate was probated or why it would have taken 15 years to settle his estate. Are you perhaps confused and there was a trust of some kind being administered? It is possible that if this was a trust, it would not pay out until the beneficiary attained the age specified in the trust,

Why would you see any paperwork? Different states have different procedures. In PA, notice of any distribution would have to be given to the beneficiaries of the accounting. Not all states have these procedures however. However, things like inventories do not have to be sent to the beneficiaries. Some states provide that a citation is sent to the heirs/beneficiaries at the time a will is probated, but some don't.

If this truly was a probated estate, then contact the court in the county/state where the estate is pending. Estates are matters of public record meaning that anyone can view the file. The file should contain the will, if any, notice of publication to creditors, an inventory and annual and final accountings.

If this was a trust then usually the beneficiaries of the trust can ask to see a copy of the trust and are entitled to receive accountings as per the trust. If the trust was testamentary, then t would be a part of the will that was probated. If it was a revocable living trust then nothing necessarily needs filed. In such case, you would have to write to your uncle if he was the trustee.

I suggest that you first try to examine the estate file. If you are not in the state bwhere the estate was probated, then you may have to hire local counsel to review the file for you. Otherwise, the clerk will make a copy of it, but you will have to pay for any copies. Most courts only accept money orders or cash - personal checks are not allowed. You will have to ask them how many pages are in the file and the cost per page and send them a written request, the payment, and a self-addressed stamped envelope so that they can mail the copies to you.

I suggest that you may find it simpler to hire local counsel to review the file and then apprise you of your rights/remedies. If that does not work, then you should contact your uncle or his lawyer, in writing and ask them for the information.

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Answered on 5/13/12, 7:24 pm


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