settled estate

I'm a co-executrix of an estate, (all transactions requiring both signatures). Estate, inheritance tax, lawyer fee and all else in the will was probated and executed 4 years ago.
Both co-executrixes live 500 miles apart and haven't had any contact since the estate was completed.
It seems now, that the one co-exec, along with the lawyer hired to guide us through, held out on transferring the house to the proper inheritor (without the knowledge of the other co-exec-me) and now the inheritor is moving and trying to sell the house. Title co and real estate say he can't unless both signatures are on some papers to prove that the estate was probated and that both co-exec were there.
I have a problem with signing anything to do with the estate, since my responsibilities ended when the estate was settled 4 yrs ago. and there has been no contact with the lawyer or the co-exec since then--until now. This co-exec has a most untrustworthy character and will do anything to cover her tracks and wrongdoings no matter who gets hurt along the way.
My question would be--am I required to sign papers--thru the mail--because I'm certainly not flying in to do it--on a closed estate. I feel that they can go to the court house in Pennsylvania and get any info they need to prove that I was there when the will was probated. Besides, isn't the word or letter of a lawyer--bonded agent of the courts--good enough?

(02-03-2001)

After the estate property was distributed, the probate court judge should have issued both executors an "ORDER OF DISCHARGE" (or something similarly worded), an important document that you should keep in a safe place. You should have been advised to keep all papers forever relating to the estate, just in case questions about the handling of the estate arose at any time in the future.

I understand your concern about the untrustworthiness of the co-executor, but in this case I don't think you have anything to worry about. Your signature does not imply your approval of all of your co-executor's actions--if she has done anything improperly, the weight of the evidence will fall squarely on her shoulders alone.

Your requested signature is needed now, basically to confirm and verify that you were then and are now serving as a co-executor, with the proper objective of now helping to facilitate the correct transfer of title to its intended recipient, merely carrying out your obligations of dividing the property according to the will instructions.

You can protect yourself by asking the inheritor to get a letter from the co-executor that explains the reason why the title transfer was not able to be taken care of before the estate closed, and have the inheritor or co-executor send you a copy of that letter.

Technically, the co-executors might be required to file a petition to reopen the estate with the probate court to handle the rare items that occur such as this, but this may take more effort than it is worth. If I were you, I'd just sign and be done with it.

SINCERELY,

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