Legal Question in Wills and Trusts in Pennsylvania

Executor failed

My brother was the executor for my father's estate. It has just come to my attention that my father's funeral expenses were never taken care of. My father has been gone over a year. Is there any legal action that can be taken against my brother???????


Asked on 11/29/06, 1:55 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Executor failed

The funeral home should have presented a bill for payment of those expenses to your brother. If your brother did not follow normal estate administration procedure, by giving notice of the opening of the estate (by advertising it in the local legal paper of record) and did no notify creditors of whom he was aware, then he would be personally liable for those expenses. If he still holds assets FAO your father's estate, the expenses should be paid out of those assets.

You are entitled to an accounting of the estate administration. If your brother has not provided one, you may seek to have one ordered. Check with the Register of Wills Office in the County where the estate was opened (the County where your father resided at the time of his death).

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Answered on 11/29/06, 3:36 pm


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