Beneficiary

[bluejay10]

Pennsylvania. Last parent died 26 months ago. Executrix has NEVER supplied me of an accounting of the estate. Got a lawyer, he filed a petition for citation to show cause why an account should not be filed. I am a beneficiary and listed as co-executrix on this will. What can I expect to happen when I show up in court that day? Executrix is my sister.

 

[ALawyer]

What puzzles me is why if you were a CO-executor (or were you an alternate) you have not been involved in every step from day one along with your sister?

What you really can expect is that before the date set for the hearing your lawyer will be contacted by your sister or her lawyer and asked for more time, or given a copy, or a reason why what you want is burdensome and how can we avoid this, or otherwise trying to settle the dispute. If not, she'll bring it in to court or tell the judge why she can't do it and what she proposes instead. But this is one to ask you lawyer.

 

[bluejay10]

I guess I was actually listed as alternate. I received the papers from the attorney and the date is set for a hearing in January.
So no they did not contact my lawyer before the date was set. This has been such a big mess as my sister has not done things according to my parents wishes she is going by her own. We cought her in a big lie. Before moms death she insisted mom was out of money and would not provide the social workers with financial figures for them to work with so we could decide if we should put her in a home or try to get assistance to be able to keep her in her own home. This went on for a few months, before my mom passed away. Couple days after the funeral she told me we had to go down there to make payment arrangements. So I met her there and unbeknown to me was a life insurance policy with my name on it. She insisted in front of the funeral director that this was all she had. I was shocked, he turned to me and said then I guess I would have to sign it. A day or two later we were at my moms house and the savings book was setting on the table, she was on the phone. I picked it up and there was enough money to pay for 2 funerals. Then I found out about more accounts, which her name was on too. My mom had told me she put her name on it cause our dad always handled the financial stuff and she didn't even know how to write a check out. My dad even wrote instructions out to her before his death. At that time I lived states away but have been thru part of moms illness from day one. Whats proof of Publication?

 

[advisor10]

12-4-2001

Proof of publication is the small classified ad that is placed in the local newspaper or legal newspaper that informs the public (and possibly creditors, if they see it) of when the probate hearing for the estate is going to be held, and the name and address of the executor so that creditors can submit any outstanding bills for payment and any interested heirs can know who to contact if they might be receiving something from the estate.

The ad is supposed to be paid for using estate funds and can be placed by the executor.

SINCERELY,

[email protected]

 

[bluejay10]

So what happens now. My attorney found that no proof of publication was ever noted at the courhouse. But it was in the newspaper. My sister said she didn't want to use an attorney and she was going to do everything herself. But when I kept asking for an accounting she went to an attorney. What happens when no proof of publication was noted thru the courhouse? What can I expect to happen at this court date?