Estate distribution being sent to Dept of Treasury, Escheats Div

[blacksheep1]

What is the name of your state? PA
Mother died in 2010. Estate never settled as far as I am concerned. I am one of five beneficaries.
Received a Family Agreement and Distribution check from Estate Executor's attorney in 2012. I was to sign the Agreement and return it, the check was then mine to cash.
If I did not sign the agreement, but cashed the check, it would be considered that I signed the document and agreed with the contents.
I DID NOT sign the agreement and I DID NOT cash the check because many assets were missing from itemized list within the Family Agreement.
Letters back and forth between my attorney and the estate attorney did not solve the problem.
I have never received any distribution of personal items my mother left.
Fast forward to today. Received a letter from the Executor's attorney stating that the check sent to me in 2012 is now 'stale' and cannot be cashed. My cash distribution is going to be sent to the PA Dept of Treasury, Escheats Div unless I contact attorney in 60 days. Now what? Do I have to file a complaint with the Orphans Court to review the status of the Estate. Could the estate have been settled without me returning the signed Family Agreement?

 

[Taxing Matters]

Now what? Do I have to file a complaint with the Orphans Court to review the status of the Estate. Could the estate have been settled without me returning the signed Family Agreement?

Now you do what you should have done in 2012 — you go to a probate lawyer to review your options to see if you have a shot to recover more than what the estate gave you in that check, taking into account what it will cost you (and the estate) to litigate it. One of the problems you may have at this point is that the statute of limitations (SOL) to raise such a contest may be gone. If it is, then your only real option is to get that check and cash it because if the SOL is gone you have no way to force the estate to give you so much as a penny more.

 

[HRZ]

AS above, you now need a pro to sort out options.....expect a hefty retainer and hourly bill .....is what you think is missing worth the contest?

You have or at least had a clear right to petition court for a formal accounting wo any proof of wrong doing ....I did not check but suspect any such request in now "stale " .....you check .

 

[HRZ]

Inactivity for more that 5 years triggers the escheat window in PA ...I don't know if it's the correct window but suspect it's a costly point to debate .

I think for practical purposes you snoozed too long. IF you had a beef with executor over "missing" personal effects ...that beef is now too stale to be practical.

 

[blacksheep1]

Inactivity for more that 5 years triggers the escheat window in PA ...I don't know if it's the correct window but suspect it's a costly point to debate .

I think for practical purposes you snoozed too long. IF you had a beef with executor over "missing" personal effects ...that beef is now too stale to be practical.

Thank you for your response. It is appreciated and an education. I was never told an estate has a statue of limitations attached to it. So, you are saying the Family Agreement can be filed or considered the 'bible' even though I did not sign the document.

 

[Whoops2u]

Thank you for your response. It is appreciated and an education. I was never told an estate has a statue of limitations attached to it. So, you are saying the Family Agreement can be filed or considered the 'bible' even though I did not sign the document.

Your approval for closing an estate is not required. The estate could tender a check to you and report it to the court and have the court close the estate. If you felt there was an issue, you needed to tell the court within the time allotted about your problem with the accounting.

PA also allows for closing an estate by Family Settlement Agreement. A contract signed by all the parties.

To know the next step, if available, you need to know how the estate got closed. Also, if you want the money now, get it from the state. Just because they have it does not mean you can't get it from them. https://www.patreasury.gov/unclaimed-property/

 

[HRZ]

Inactivity is a key escheat trigger ...IF during the past years you were trying to work things out with executor it may be that escheat is not proper...then again if you snoozed for years... then it may apply . ...but I've been there with an elderly parent who "forgot" some holdings...took a while and multiple steps to get money back from state ...not fun.

 

[blacksheep1]

Inactivity is a key escheat trigger ...IF during the past years you were trying to work things out with executor it may be that escheat is not proper...then again if you snoozed for years... then it may apply . ...but I've been there with an elderly parent who "forgot" some holdings...took a while and multiple steps to get money back from state ...not fun.

Through an attorney, we TRIED unsuccessfully to work with the Executrix (sister) and her attorney, debating the Family Agreement Settlement/Accounting, etc. Executrix would make appointments with me to discuss the issues and then she would not show up or insist that I sign the family agreement before she would give me any physical property. (non-cash) A lot of double talk. By my signing the family agreement, I was allowing her to hide cash, valuables, property,and heirlooms that were not included in the settlement document. I was stuck. Last written communication was in 2013. After which the communication was via phone calls from her attorney. I had to let my attorney go for financial reasons. It is sad that a person who was trusted by the deceased to settle an estate based on the will, can do what they want.

 

[blacksheep1]

Your approval for closing an estate is not required. The estate could tender a check to you and report it to the court and have the court close the estate. If you felt there was an issue, you needed to tell the court within the time allotted about your problem with the accounting.

PA also allows for closing an estate by Family Settlement Agreement. A contract signed by all the parties.

To know the next step, if available, you need to know how the estate got closed. Also, if you want the money now, get it from the state. Just because they have it does not mean you can't get it from them. https://www.patreasury.gov/unclaimed-property/

Thank you Whoops2u, I appreciate your comments. There is/was a Family Settlement Agreement but I did not sign. I will visit the courthouse to find out if and how the estate got closed as I am not sure if it is closed. Another sister (heir but not executrix) just asked me within the last month if I had given any thought to settling with the executrix so the estate could be closed. Interesting, eh?

 

[Dandy Don]

Apparently your check has not yet been sent to PA Treasury Department and if you respond within appropriate time limit the check will be mailed to you......

 

[HRZ]

Why was not a petition for formal accounting made on a timely basis ?

IN your opinion what is cash value of missing assets ?

IT is possible that everyone else's distribution is being held up.....go dig

BTW PA imposes an inheritance tax, due some time ago, ...and the state might not wink at executor who fudges the assets reported .