Legal Question in Wills and Trusts in Pennsylvania
My wife's grandmother passed away at end of 2014, her mother is due 1/5 of a sizable estate and the uncle in charge refuses to tell her anything about when this might be settled. The uncle is a rather "shady" character and is being very secretive. What can I do to get some answers to help my mother-in-law.
2 Answers from Attorneys
Your mother-in-law needs to consult her own estates lawyer if she suspects that the uncle/executor is not handling the estate properly. His actions can be challenged. Your mother-in-law, not you, should be the client.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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I agree with Attorney Jacobson. Your mother-in-law is the client, not you and with all due respect, this is not your battle or even your wife's battle so neither of you should be involved. You post no relevant details so its impossible to help here. Where did grandmother live at the time of her death? What did grandmother own? What debts did grandmother have? Did grandmother have a husband and was he alive at the time of grandmother's death? What does grandmother's will say about who gets what?
Most estates take 1-2 years to administer depending on the size and complexity of the estate. What your mother-in-law should do is contact the county probate court in the county/state where grandmother lived at the time of her death and see if there is an estate file open. The probate court in PA (if the estate is in PA is called the Orphan's Court). The court will go by other names if its in another state. If there is an estate, mother-in-law should get a copy of the complete file - the will, any inventory of assets filed, any accountings. Accountings should be filed annually and in PA, if an estate cannot be completed within one year, then status reports should be filed. Some states have inheritance tax (PA does) and there should be a document in there from the revenue department. Other things that are filed would be issuance of letters testamentary (making uncle the executor) and publication of notice to creditors.
Mother-in-law needs to take whatever documents she can get to a probate attorney who practices in the county/state where the estate for grandmother is or would be pending. The lawyer needs to review the documentation. If things have not been done, the lawyer can contact the attorney for the estate to get things moving. If nothing has been done at all, then maybe the uncle needs removed. If the estate is closed, then it may need re-opened if there are "shady" things done by uncle. If all is in order, the probate lawyer could review and advise to that effect - like there were no assets because they were eaten up by any claims - or whatever. If uncle walked away with all the money, that could be indicative of a problem too. However, that will be enough for mother-in-law to get the ball rolling.