that is what the paperwork states that he just filed. he is indicating that he wants $6,000 for the work he did up to this date. long story short is that mom died, i am a beneficiary and to receive 50% of estate. brother is executor and estate attorney is his friend. i personally went to register of wills to obtain a copy of the will and all paperwork in file. when i viewed the inheritance tax form, i noticed inconsistancies. i also did not receive anything but a bedroom set out of the estate. parents had over $30,000 in stock, life insurance that was paid to the estate totaling $27,500. no debts but your standard utilities! so with that being said, i wanted an accounting and asked the estate attorney. he told me that i am not getting one. i asked for a family agreement to sign to close estate. he stated that i am not to be involved. so i asked a judge to compel accounting. judge told them they need to get the accounting in 60 days and it will go to audit. (now i have the accounting which is bogus and will file objections) but now the estate attorney is trying to bill me $6,000 for doing all of this work and is stating that the estate is insolvent. it is not the case, they did not claim everything as an asset (meaning the stocks)
to my understanding in order to close an estate, an accounting is required. if that is the case, then this is the accounting that was needed to close the estate and it was never filed before (this is the first accounting) and according to Title 20 this is the responsibility of the PR. so i do not feel i am responsible to pay this money. this has not even gone to audit yet, which will show inconsistances and hopefully the judge will see this and throw his fee out of court!
CP1957 are you reading all of the posts? I am confused as to why you would say I am to pay this? other members are telling me NO! Can you explain why I should pay this bill? I did not hire the estate attorney! I am only a beneficiary, not the executor (PR) The judge told him to submit an accounting since he did not do it before
this is information under Title 20 (PA Law) please note: none of this was done!
§ 3301. Duty of personal representative.
(a) General assets. - Every personal representative shall file with the register a verified inventory of all real and personal estate of the decedent, except real estate outside of this Commonwealth. An ancillary personal representative shall include in the inventory only assets for which he is responsible.
§ 3501.1. Accounting by personal representative.
A personal representative may file his account at any time after four months from the first complete advertisement of the original grant of letters, but shall not file it earlier unless directed to do so by the court. A personal representative may be cited to file an account at any time after the expiration of six months from the first complete advertisement of the original grant of letters. A personal representative may be directed by the court to file an account of his administration at any time.
§ 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).
The duties of the Executor or Personal Representative during probate are numerous and varied, and generally include:
(1) filing the necessary court documents to prove the decedent's will;
(2) identifying and filing an inventory of the decedent's property;
(3) having the decedent's property appraised;
(4) paying the decedent's debts and taxes;
(5) distributing the decedent's property according to the will or state law;
(6) providing an accounting to the court.
So again I ask: Why am I (the beneficiary) being billed for the filing fees and the paperwork the Estate Attorney did to supply the accounting????