Legal Question in Wills and Trusts in Pennsylvania

Consult a local estates lawyer to help determine whether you have any responsibility for returning the items that were distributed to you, and whether the wife had notice of the estate administration so that she could elect against the will [if the will did not leave her at least her statutory share].

There are a number of factors to be analyzed, including also what documents you may have signed in connection with receiving the tools and vehicle.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Did you ask this question before?

If there was a will and it did not give the wife a sufficient amount, then she can elect to take under a will. I don't know when the person died or when the election was filed so I don't know if it was timely made or not.

I also don't know when the executor decided to give you things under the will. Was it before the wife's election? Was it after all claims were filed against the estate?

It is the executor's job to figure out what the deceased owned and what he owed. No distribution of any estate assets should be made until after all claims, including any claim for a spousal share is made by the wife, come in. Otherwise, the executor can be surcharged for any loss to the estate caused by his actions. Also, an executor runs the risk of having to ask for property back if he has made an improper distribution or if there are not enough assets to pay any claims.

Does the executor have an attorney for the estate? My guess is that he doesn't as he has done these things and complicated the situation. If he does, you could try contacting the attorney for the estate as you are an heir and finding out exactly what you must do. If the executor does not have an attorney, then you need to consult with a probate attorney in the county/state where the estate is pending. Make a copy of the estate file (take the will, letters of appointment, any inventory or accounting that has been filed and any claim for a spousal share filed by the wife) to the attorney for review. If you signed any receipts for the things that you received, take those as well. Once that is done, the attorney will be in a bettter position to advise you as to whether you must return items to the estate, get them appriased or whether the wife's claim is valid.

I cannot explain why you should have to inventory and appraise items again if this was already done. Is there some problem with the executor's valuation? It may be that the wife is challenging that. I would think that if you have expended money to repair or improve the car then you, in fairness, should either be reimbursed for those sums that you have expended or you can return to the estate only the value of the item you received. Again, I think the executor may have to be the one to do this if it was he who improperly gave you items before all claims were known.