Legal Question in Wills and Trusts in Pennsylvania

I have signed a release concerning an inheritance property I am now second guessing (Pennsylvania), do I have any recourse to hold up the property transfer while I reconsider?


Asked on 2/25/14, 7:23 am

1 Answer from Attorneys

What are you "second-guessing?" What is there to second guess here? What type of property is to be inherited and how do you plan on "holding this up?"

Either you are a beneficiary or you are not, unless there was some kind of family settlement agreement worked out which is contrary to what is in the will. If you did not want to be a beneficiary then you would file a renunciation and disclaimer but these generally have to be filed for IRS purposes within 9 months of death. if its too late, take the property and do what you want with it - sell or gift it.

It is commonplace for executors to send out receipt and releases. The executor presents the signed releases to the court or clerk along with the final accounting. If everything is in order, the accounting is confirmed and the executor is discharged. The executor then sends the inheritance to the beneficiary. The receipt and release makes the process smoother.

The proper thing to do if you have questions is NOT to sign the release and if you have concerns then you discuss them with a probate attorney who can review the receipt you are asked to sign and give you advice and counsel.

Then if you decide not to sign, the executor should be providing the beneficiary with a copy of the final accounting. You have 10 days to object to the proposed accounting by filing written objections with the court. The objections are then heard along with the accounting (depends on the exact process if this is a PA estate as some judges confirm accounts and some clerks do; objections might have to be heard by a judge).

If you already signed then I don't see how you could rescind the receipt and release. Perhaps you could file a petition to the court to have it declared invalid but just changing your mind and "second guessing" are not going to be grounds warranting that. It would have to be fraud or something like that.

Since I don't know what you signed, my advice would be to go and meet with a probate attorney (not the estate attorney if there is one) who practices in the county where the estate is pending. Pay the lawyer to review the estate file (or at least any proposed accounting) and the document that you signed as well as the circumstances of the case so that you can be better advised as to whether there are any options here.

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Answered on 2/25/14, 10:47 pm


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