Legal Question in Wills and Trusts in Pennsylvania

I assume that there was a will directing the disposition of the estate, or that you and your sister are the only intestate heirs.

Usually, there is a wait after the estate and inheritance tax returns and any other tax returns are filed and the taxes paid. The purpose of the wait is so that the PA Department of Revenue (and the IRS, if a federal tax is involved) will have a chance to review the returns before it issues a notice either that no more taxes are due, or if there are, how much. If there are no cash assets, the proceeds of the house sale have to be used to pay the taxes, so the tax issue has to be completely settled before any calculation may be made about how much is left in the estate to split between you and your sister.

Without a notice that no more taxes are due, the executor would have personal liability for distributions from the estate.

If there is an attorney handling the estate in PA, why don't you check your questions with him?

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I agree with Attorney Jacobson. If the final tax returns are filed with the IRS and PA department of Revenue (and there are also inheritance taxes to be paid in PA) then the estate attorney must wait for final approval before there is any distribution. Most estates take between 1 and 2 years, You are not at a year yet. Once final approval is given, then the attorney can get releases and submit the final account.

If estates are going to take linger than 2 years, status reports have to be filed with the court explaining this.

And it does not matter how clear the will is or is not. The problem here is the IRS and PA DoR if there is only cash remaining. And there is no way to get the government to move faster.

One caveat to the above - since your sister is the executor, she is the one who presumaby hired the PA attorney. You should first direct any questions to her. The estate attorney represents the estate, but I often here from beneficiaries that the estate attorney either will not answer the questions or will charge the estate for the time spent doing so. You don't want to unnecessarily increase legal fees because that is coming out of your and your sister's inheritance.