Legal Question in Wills and Trusts in Pennsylvania

How long does someone in Philly,PA have to complete execution of a will? My grandfather died 2 years ago and my uncle, who is the executor, still has not disbursed any of my grandfather's assests. From what we've been told, my uncle still has not sold my grandfather's house yet all the other assests have been accounted for by the accountant my uncle hired. Do I have any recourse to force him to liquidate the house?


Asked on 7/24/10, 5:43 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

The executor has the responsiblity for finding and paying all debts before distributing assets. Estates are "advertised" to give notice to creditors to make their claims. The executor should be following the time provided for giving notice and paying debts of the estate. Inheritance tax returns also must be filed and the tax paid within 9 months after the date of death. After that time, penalties and interest start to accrue on the unpaid tax.

Disposition of the house depends on how the will provided for it.

Are you the only heir? Others may also have an interest in the estate.

Send an old-fashioned [not email] letter to the executor asking for at least a partial distribution, information about when the house will be sold, if the house was not specifically left to anyone, and when the estate administration will be completed.]

Send an old-fashioned [not email] letter to the executor asking for at least a partial distribution and information about when the house will be sold, if the house was not specifically left to anyone.

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Answered on 7/25/10, 5:43 am

First, what does the will say? You cannot force anything to be liquidated if someone else wa to inherit the house. And have you considered whether the executor is having problems selling the home? The economy has been lousy and many real estate markets have been affected. We also know nothing about the land, such as its location or condition to know whether it is valuable or not. Or maybe your uncle has some health issues? There could be many reasons.

Still, 2 years does seem like a long time unless the estate is unduly complicated or something else is going on. What is your relationship like with your uncle? If you are on at least cordial terms, send him a friendly letter. Does he have an attorney assisting with the probate of the estate? You might want to see if the attorney will give you a response as well. If the estate is in Philadelphia, PA, then there may be a backlog in the courts. Its hard to say but Philadelphia seems to be its own little world.

If you are not on good terms, then I suggest that you contact a probate lawyer in the county/state where your grandfather lived at the time of his death. Have the lawyer make inquiries on your behalf. If your uncle is dragging his feet, then have your attorney threaten to have your uncle removed and sanctioned for failing to do his job.

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Answered on 7/26/10, 9:56 pm


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