Need sister removed as administrator in PA

[MrsPaxus]

What is the name of your state (only U.S. law)? Pennsylvania

Hi there. Really, really hope someone here can help.

My father passed away January 6th without a will. He had 2 wives, but was divorced from both of them. I have one full sister and one half-sister from my father's first marriage. At the time, my half-sister said she should be named administrator because she was the oldest, so my full sister and I agreed and signed to allow her to be administrator.

She initially did file the required paperwork - inventory, notices in local newspapers, and final tax return. The only property my dad had was a house (paid off) and a bank account - no vehicles, no valuable antiques or jewelry, nothing. His debts are all paid.

When my father passed away, my half-sister picked up his property at the hospital, which included approximately $2000 in cash. She claimed she would distribute this cash among the siblings, but then essentially took the money and refused to speak to either of us anymore. We've sent her certified letters asking for the estate to be finally settled. My full sister has expressed interest in purchasing the home, but my half-sister is completely ignoring us and doing absolutely nothing regarding the house.

At this point, we are just really devastated that my half-sister is behaving the way and being so petty (stealing a couple thousand dollars?). We just want the estate closed so we can move on with our lives and stop worrying about what our half-sister is going to do.

My question is, would we be successful in petitioning the court to have her removed? I believe in PA an administrator has a year to complete an estate, but in this case where there is no property and everything other than the house is done, would the court intervene? I thought maybe if I could get a copy of the hospital document showing that my father had this cash (which she did not include in the estate inventory), we could have her removed for stealing from the estate. I called the hospital, and they are searching for the document, but I have not heard back yet on that.

To be clear here, I cannot afford to hire an attorney, so that's why I'm posting here. I have 3 children and my husband just went back to work after a layoff, so we have literally no extra money to spare. I feel capable of filing the paperwork with the state to have her removed, but don't want to poke the hornet's nest by doing so if I have no chance of winning in court.

Thank you!!!

 

[Zigner]

My condolences on the passing of your father.

Please realize that a little over 4 months is a very short period of time in the probate process.

 

[tranquility]

I agree there is nothing unreasonable about the time. As to if there is a fiduciary breach because of the money, I'd need to know more facts. I don't think (as a practical matter) an administrator who is not blatantly committing fiduciary breaches can be removed by a pro per. Possible? Sure. But not probable. I find it unlikely a person unschooled in the legal aspects of an estate could come up with a good complaint for removal. It's not like small claims where a form is filled out, everyone talks and the judge decides. This is grown up court with special rules because the one who could clarify everything is gone.

 

[MrsPaxus]

My condolences on the passing of your father.

Please realize that a little over 4 months is a very short period of time in the probate process.

Thank you for your comment, and I know it's not very long, but our concern is that she is refusing to communicate (we've tried by phone and certified mail) AND has already stolen at least $2000 from the estate (along with a variety of items from the home). The bank account my father had has $100,000 in it, so we are extremely nervous that she may be stealing from us. The bank representative said she cannot give us information regarding the account because only the administrator is permitted the information.

To update, I heard back from the hospital about an hour ago, and they say that my father's belongings were not inventoried, so my 1/2 sister must have just taken them in the hospital room (he was unconscious). She personally told us that he had over $2000 in his wallet - is our word good enough to address this with the court?

I've tried finding out what the actual grounds are for having someone removed, and I know stealing from the estate is one of them, but my question here is whether the court will consider anything I've said here as grounds. Thanks again.

 

[tranquility]

"Stealing" from the estate is a crime. Call the police. (Not really. There is no theft here.)

You have people removed as an administrator for breach of their fiduciary duties. From your question, you will not be able to successfully prosecute a case against the administrator pro per.

 

[curb1]

Were there any beneficiaries named on the bank account? I think you are correct to stay on top of this. It wouldn't be the first time that a personal representative tried to take advantage of an estate.

Just wondering, why did your father have $2,000 in his wallet? Was the $2,000 listed in the "inventory"?

 

[MrsPaxus]

Thanks again for the replies.

My father had a bad habit of keeping a lot of cash on him - he was paranoid about credit and refused to use either credit or checks. So he'd always have lots of cash.

There were no beneficiaries on the bank account. It was changed from his name to the estate after he died, and my 1/2 sister who is the administrator is the only one with access. I know if she steals the money we can sue her later, but I'm hoping to avoid that.

It sounds like there isn't really much I can do at this point. If not, how long do I have to wait before doing something? A year after my dad's death?

 

[Zigner]

At this point, there is no indication of wrong-doing.

 

[MrsPaxus]

At this point, there is no indication of wrong-doing.

Right, except that she has stolen at least $2000 and multiple items from my father's house (we had a long discussion where we all agreed not to remove anything from the house without discussing it first), so I'd call that wrong-doing. Though I understand if you mean that the court will not view this as "evidence" since it's her word vs. ours on this stuff.

So my question now is how long do I legally have to wait to petition the court to intervene, assuming she continues doing what she is doing, which is ignore all communication, steal things from the estate, and refuse to complete probate? Do I need to wait a full year in PA, or is there some other guideline?

 

[Zigner]

Right, except that she has stolen at least $2000 and multiple items from my father's house (we had a long discussion where we all agreed not to remove anything from the house without discussing it first), so I'd call that wrong-doing. Though I understand if you mean that the court will not view this as "evidence" since it's her word vs. ours on this stuff.

So my question now is how long do I legally have to wait to petition the court to intervene, assuming she continues doing what she is doing, which is ignore all communication, steal things from the estate, and refuse to complete probate? Do I need to wait a full year in PA, or is there some other guideline?

I will rephrase - it is premature to accuse the sister of wrong-doing. And, accusing sis of a crime when none has occurred is defamation.

 

[MrsPaxus]

So my question now is how long do I legally have to wait to petition the court to intervene, assuming she continues doing what she is doing, which is ignore all communication, steal things from the estate, and refuse to complete probate? Do I need to wait a full year in PA, or is there some other guideline?

 

[tranquility]

So my question now is how long do I legally have to wait to petition the court to intervene

A reasonable amount of time based on the specific facts of the estate.

assuming she continues doing what she is doing

I'm still not seeing it. You're going to have to be WAY more specific, with proof, if you go to court.

which is ignore all communication

She does not need to communicate with you except for certain statutory circumstances. Have those circumstances arisen? Have you gotten *any* communications?

steal things from the estate

Prove it.

and refuse to complete probate?

Refuse who?

Do I need to wait a full year in PA, or is there some other guideline?

A reasonable amount of time based on the specific facts of the estate.

 

[MrsPaxus]

A reasonable amount of time based on the specific facts of the estate.
I'm still not seeing it. You're going to have to be WAY more specific, with proof, if you go to court.
She does not need to communicate with you except for certain statutory circumstances. Have those circumstances arisen? Have you gotten *any* communications?
Prove it.
Refuse who?
A reasonable amount of time based on the specific facts of the estate.

*sigh* This is the problem. The specific facts of the estate are that my father owned a run-down house and a bank account worth $100,000. Period. No other property, and he had no debts of any kind. I've gone to the court to check, and the only thing left to take care of is the sale or transfer of the house and the final inventory. His debts are paid. My sister wants to buy the house and has expressed the desire to buy the house repeatedly (my 1/2 sister originally stated that she was happy to agree to sell the house to one of us if we wanted it, because as I said, it's run-down and wouldn't get much on the market), both in person, by phone, and finally by certified mail when my 1/2 sister quit responding to telephone calls after taking my father's cash and various items from his home.

Maybe I'm not being clear - I understand that we don't have adequate proof to accuse her of stealing in court. I get it. But I continue to mention it because it is the reason we are fearful of having her as administrator at this point. She is the only person with access to my father's bank account and can do whatever she likes with it, and there is nothing we can do.

So, given the facts, does anyone have any idea what a reasonable timeframe would be for us to petition the court to either remove her or order her to complete the sale of the house? Because it is really looking like she is not going to communicate - and I know she only has to communicate when legally required, but she has NEVER sent us any legal communication regarding the estate AT ALL - nothing. The only document remotely related to my father's estate that I have is a death certificate, and that was given to me by the funeral director. I'm not trying to be unreasonable here - I feel like anyone would be really concerned in my situation. I don't expect constant phone calls or anything, but to receive not a single sheet of paper, and to have the person administrating the estate completely ignoring my sister and I is just bizarre. And maybe I should mention here that we have not been rude or mean or even mentioned the money she took. We've tried to be really polite and patient and courteous, hoping that she would respond if we acted that way. So there is no reason for her to ignore us.

 

[tranquility]

So, given the facts, does anyone have any idea what a reasonable timeframe would be for us to petition the court to either remove her or order her to complete the sale of the house?

While you want to focus on simple, simple is not a fact. The FACT there is real property involved makes it longer before an administrator can reasonably settle an estate. What other facts are there? How many heirs, what the local market is, what the experts said to do with the property and many other things. What happens is that you determine the time is no longer reasonable and then you sue. Each of you make the case and the court decides.

However, the administrator uses estate money to defend and you use your own to prosecute. If you're wrong, you lose. If you're very wrong, you pay for the estate's defense as well. On a time issue, unless it is outrageous, I find it unlikely there can be a suit absent specific facts of delay.

Because it is really looking like she is not going to communicate - and I know she only has to communicate when legally required, but she has NEVER sent us any legal communication regarding the estate AT ALL - nothing.

I love the extra words. "Legal" communication. What has been communicated to you by any methods by the administrator about the estate?

I don't know PA law but, from a quick look, there does not seem to be many times the administrator has to communicate (here are a couple):

§ 3503. Notice to parties in interest.

The personal representative shall give written notice of the filing of his account and of its call for audit or confirmation to every person known to the personal representative to have or assert an interest in the estate as beneficiary, heir, next of kin or claimant, unless the interest of such person has been satisfied or unless such person fails to respond to a demand under section 3532(b.1) (relating to at risk of personal representative).

§ 3546. Determination of title to decedent's interest in real estate.

When a person shall die leaving an interest in real estate within the Commonwealth and no letters testamentary or of administration have been granted on the estate of the decedent in the Commonwealth, and one year has expired since the decedent's death, or if a personal representative has been appointed and has not filed his account within six years of the death of the decedent, any person claiming an interest in the real estate as or through an heir or devisee of the decedent may present a petition to establish title thereto in the orphans' court division of the county where the letters testamentary or of administration have been granted, or should no letters have been granted, then in the orphans' court division of the county within which was the family or principal residence of the decedent. If the decedent was a nonresident of the Commonwealth, the petition may be presented in the orphans' court division of any county wherein any of the real estate shall lie. The court, aided if necessary by the report of a master, may enter its decree nisi adjudging that the title to the decedent's interest in the real estate is in such person or persons as the court shall determine. Notice of the decree nisi shall be given to creditors and other parties in interest, by advertisement and otherwise, as the court shall direct. If no exception to the decree is filed within three months, it shall be confirmed absolutely, free of all decedent's debts not then liens of record, and regardless of the provisions of any testamentary writing of the decedent thereafter probated. A certified copy of the decree shall be recorded in the office of the recorder of deeds of each county where real estate included in the decree shall lie, shall be indexed by the recorder in the grantor's index under the name of the decedent and in the grantee's index under the name of each distributee, and shall be registered in the survey bureau or with the proper authorities empowered to keep a register of real estate in the county.