Legal Question in Wills and Trusts in Pennsylvania

executors headaches

My grandfather died in 4/2005.His wife&2 kids are all deceased.9 grandkids 2/one child 7/other.Everyone agreed to make myself & cousin executors there was no will.My cousin&I cleaned up the house got everyone together to see what in the house they wanted etc.The house is in the process of being sold. the estate is worth about 80,000.Now one of my cousins brothers is saying he going to counter sue us.Buton what possible grounds? He is saying he is the oldest & that he should have been executor. Now he is trying to say he didn't know what he was signing. Can he do this? None of the other grandchildren agree with him.


Asked on 10/20/05, 9:58 pm

2 Answers from Attorneys

Re: executors headaches

Your situation depends upon Pennsylvania law but age has nothing to do with whom a Judge decides is the best person to serve as the Administrator (the term used instead of Executor when there is no Will).

if this relative "renounced" his right to have a Judge consider him for the appointment, it is unlikely that changing his mind now will impress the Judge with his stability and reliability. Moreover, in most if not all states, there would have to be some proof of wrongdoing on your part to cause a Judge to remove you.

Tell this relative that he will lose in Court and will most likely have to pay the Estate's legal fees to boot. My guess is he'll reconsider. But, as always, you should pay a small fee to consult with a lawyer who practices in this area. It may save you a great deal more money in the long run.

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Answered on 10/23/05, 1:05 am
Robert Davies The Davies Law Firm, P.A.

Re: executors headaches

Being executor means that you are responsible for handling the property of the deceased person, and handling it properly. I can not tell whether anyone has a legitimate claim or not. I can clearly see that you need to speak to an attorney. There is a threat of a lawsuit!

Please contact me if I can assist. My office does this kind of work.

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Answered on 10/20/05, 10:41 pm


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