EXECUTOR HOLDING FUNDS

My father died in 1999. I was co-executor on the original will with my uncle. Unknown to me or my uncle, my brother had my father change the will to eliminate me as co-executor and placed himself in that position. My uncle and I found out about the new will on the evening of my fathers passing. My father had dimentia at the time and was in assisted living when the will was changed. At probate, a distribution was made in equal shares to each son as directed by the will. There was a balance left in a checking account in my father's name, with the co-executors on the account to take care of any unforseen payments that were missed. It is now over a year, and there is no need to hold the money in a non interest checking account. My brother refuses to release the funds, and has refused all of my calls. He has not advised the co-executor of any intent to distribute, other than a letter asking each of the beneficiaries to write a letter holding him harmless in the execution of his duties as executor.Upon receipt, he will release the balance of the monies.He has received the letters from the beneficiaries holding him harmless upon receipt and deposit of equal shares of the balance of monies, and the closing of the checking account. My uncle has been so stressed out by the events, that he had his attorney send a letter stating that he has to resign as co-executor to the estate due to health reasons. This letter was faxed by an attorney located in New Jersey. Now my brother has sent my uncle a letter stating that he wants any and all documents he may have concerning the estate, and an original copy of the resignation letter.
I believe he will continue to request additional documentation forever just to torment the family.
What alternatives are there? The estate is in Pennsylvania, I live in Florida, the co-executor uncle is in New Jersey.

[Edited by RFREED on 01-30-2001 at 06:44 PM]

JANUARY 31, 2001


DEAR RFREED:

Has the estate been officially closed, or is it being kept open to take care of matters that still may need to be resolved?

If you haven't yet furnished any documents, then please do so (and keep an extra set of copies for yourself as backup), in order to show good faith on your part. He does have the right to ask for them and to see them, since it is part of his responsibility for taking care of his official duties. Send them by certified mail/return receipt so you will have proof of receipt.

Ignore the request for an "original" copy of the resignation letter--if you don't want to send him the original, you certainly don't have to--a copy of that will suffice. There is no need to worry about being "forever tormented by requests for additional documentation"--I'd be willing to bet that he is as anxious to clear everything up and close the estate as you are so he won't have to be worried about it anymore.

Your uncle should find out (if possible) from a Pennsylvania probate/estate attorney if there is a statutory time limit deadline(in months, years, etc.) in Pennsylvania for an estate to be finalized within a specified time period after the date that the executor was first given his letters testamentary. After you get your answer, he can then have some idea of what to tell the executor, in other words, "You need to close the estate affairs as soon as possible instead of trying to drag things out--you have a legal deadline of XXXXXX."

Estate administration can not go on indefinitely and must be closed at some definite point!

SINCERELY,

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