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Attorney Dragging His Feet

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DianaLee

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


Hi, my father in Pennsylvania just passed away and left his estate to my sister, brother and myself. His attorney in Pennsylvania is dragging his feet on researching his assets, such as what's in his bank account, safety security box, bonds, etc.. Do we have any right to insist on a time frame or schedule for him to complete his discovery? Also, can we obtain any of his assets now in lieu of waiting for the 4-month period for any creditors or claims to come forward?
 


curb1

Senior Member
Is his estate governed by a will, a trust, or both? Who is the Trustee (if there is a trust)? Who is the executor/personal representative of the estate/will?

What has the attorney given as a reason? Have you asked to do this yourself instead of the attorney?
 

anteater

Senior Member
Has probate been opened and the attorney appointed as the personal representative? If not, is there a reason that you are having the attorney do this discovery? And, if not, why don't one of you petition the court to open probate and for appointment as the Personal Rep? Probate in PA is not overwhelmingly complex for most estates.

Just to let you know.. While the estate may not be subject to federal estate tax, PA still has an Inheritance Tax - 4.5% for assets transferred to lineal descendants. If payment, even an estimated payment, is made within 90 days of death, a 5% discount on the tax is availalble.
 

DianaLee

Junior Member
Is his estate governed by a will, a trust, or both? Who is the Trustee (if there is a trust)? Who is the executor/personal representative of the estate/will?

What has the attorney given as a reason? Have you asked to do this yourself instead of the attorney?

Thank you for taking the time to respond. This forum is new to me. My father has a will and his sister (my aunt) is the executor but I don't know her very well as I have (and still do) live in California for most of my life. It seems like she and the attorney are in cohorts with each other as she has said that she wants my dad's car and the attorney is storing the car in his brother's garage. There seems to be a lot of unusual things going on but I don't know my rights. My dad did not have a lot of assets and his car is the main one. My brother and sister could really use the car, among some of his other things.
 

DianaLee

Junior Member
Has probate been opened and the attorney appointed as the personal representative? If not, is there a reason that you are having the attorney do this discovery? And, if not, why don't one of you petition the court to open probate and for appointment as the Personal Rep? Probate in PA is not overwhelmingly complex for most estates.

Just to let you know.. While the estate may not be subject to federal estate tax, PA still has an Inheritance Tax - 4.5% for assets transferred to lineal descendants. If payment, even an estimated payment, is made within 90 days of death, a 5% discount on the tax is availalble.

Hi, thanks for your response. Can I petetion the court to open probate and ask to be appointed as the personal rep? I live in California so would I have to travel to Pennsylvania to carry out some of the probate action items?
 

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