Legal Question in Wills and Trusts in Pennsylvania

My father died in 2008...my sister was named executor. As of this day, she has not sold the property. She has have given away, or sold to friends, many valuable items without my knowledge or consent. Also, she sends my siblings and I bills for the utilities, taxes and insurance. I have not given her a penny as I feel this in just enabling her to be negligent of her duties as executor. What should I do to force her to settle the estate?


Asked on 6/23/16, 7:48 am

2 Answers from Attorneys

Greg Artim Morrow & Artim, P.C.

I'm sorry to say but the only possible response here is that you need to hire an attorney. There's nothing that you personally can do with having legal expertise.

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Answered on 6/23/16, 7:55 am

Its been over 7 years. Why has this dragged on this long? Estate administration in most cases is completed in 1-2 years and if it is going to drag on, the court requires the executor to file annual statements as to what is going on. However, even complicated cases do not drag on for 7 years. You should do what you should have done a long time ago and go hire your own probate attorney who practices in the county/state where your father's estate is pending. With regard to the real property, it is now owned by you and your siblings under the will I assume. It is YOUR responsibility to pay for your share of the jointly owned real property. I don't know why you think its negligence or why the property has to be sold. Did the will require it? If you do not want the property, then you need to have one of your siblings buy out the value of your share, minus your share of the taxes/insurance/maintenance, plus any profits made by the land. If the siblings are unwilling to buy you out, then you need to bring what is called a partition action. You are going to need a probate litigation lawyer who is familiar with partition and/or removal of executors who do not do their jobs or do their jobs properly.

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Answered on 6/24/16, 4:24 pm


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