Executor question

[KaraKitty1]

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

My mother died in June, 2011. One of my brothers is the executor of her estate. I obtained a copy of her will from her attorney the week after she died; we all are to inherit. I have 3 brothers, all adults. My father died intestate, in 1999. All property was in Mom's name at that time.

I won't bore you with the details, but 2 of the 3 brothers have not spoken to me in 7 years, and we have no contact depsite living close to each other. The executor is one of these brothers.

I realize that estates can take a very long time to settle, but shouldn't the executor have, in some way, kept the other siblings informed as to what's going on with the estate? I'm concerned that perhaps he won't distribute my portion of any inheiritance, due to our rocky situation. Can he legally do that? I tried to contact the 1 brother who does speak to me; now he's angry at me for asking if he knew anything about the estate. Can I legally force the executor to provide an account of how the estate has been dispersed (bills, etc.)? Mom had a modest estate--no car; no house; and she had no debt, except for a few medical bills toward the end.

Please forgive my ignorance of how estates are handled. I've never dealt with this before. Thank you so much for your reply(ies).

 

[anteater]

I realize that estates can take a very long time to settle, but shouldn't the executor have, in some way, kept the other siblings informed as to what's going on with the estate?

It would be nice if the executor were more communicative, but it is not required.

Can I legally force the executor to provide an account of how the estate has been dispersed (bills, etc.)?

There should be an asset inventory on file. If your brother has retained an attorney, you might try the attorney. If that does not work, contact the Register of Wills office to obtain a copy.

Most estates in PA are settled by what is usually called a "family settlement agreement." With this agreement, the executor provides the beneficiaries with information about the estate administration and the distributions from the estate. Usually, an accounting and copies of the Inheritance Tax return are provided. If the distributees are satisfied, they sign and the agreement is simply filed with the court.

The other way of settling the estate is for the executor to submit all the information and a proposed order of distribution to the court for audit. After the audit, the court schedules a hearing where any objections can be heard. If there are none, then the court orders the distribution.

The first alternative is generally quicker and less expensive. But, if you do not wish to sign the agreement, you can refuse and insist upon the court's involvement in settling the estate.

 

[KaraKitty1]

Executor filed tax return 6 mos. ago

Hello again,

Thank you for your information. I just got off the phone with the Register of Wills, found out some info, and I also have further questions:

1. My brother (the executor) filed an inheritance tax return with the Register of Wills on September 2, 2001, for state inheritance taxes.

2. He didn't send in a status report for completion.

I'm wondering why, if there is any money left after all of this has been done, I haven't been contacted in some way? Also, if one is due an inheritance, be it property and/or money, how does one receive notice of that when it's ready for distribution?

Thank you again. I appreciate your help!

 

[anteater]

I'm wondering why, if there is any money left after all of this has been done, I haven't been contacted in some way? Also, if one is due an inheritance, be it property and/or money, how does one receive notice of that when it's ready for distribution?

I covered that in my prior response.

If you want to know sooner, the easiest way would be to contact the personal representative. Since relations appear to be a bit rough, maybe a letter - talking about legal action if necessary.

If the personal rep retained an attorney, you might try contacting the attorney. The attorney is under no obligation to communicate with beneficiaries. And the personal rep may have told the attorney not to. But it is worth a try.

 

[KaraKitty1]

What happens if the executor kept my inheritance

Jumping to conclusions here; hopefully, it will remain a hypothetical question...

Let's say an executor kept someone else's (such as mine) portion of the inheritance for themselves, and never released it to the inheritor (me). I contact them, insisting on my portion of the estate. He's spent all of my money. What legal recourse, if any, would I have? Do I sue him for my portion, and would he have to somehow come up with the amount I am owed (sell his house, etc.)? Or am I out of my share of the estate?

Thanks again. I appreciate it.