Legal Question in Wills and Trusts in Pennsylvania

Mother died in 2010. Received check from probate attorney in 2012 with letter stating that I should sign the Family Agreement and then the check was mine to cash. If I did not sign the agreement but cashed the check, then I was in agreement with the Family Agreement.

I was not in agreement and did not return the document signed and I did not cash the check.

Fast forward to 2018, received letter from same probate atty in which it was stated that I have 60 days to contact him or he will send the funds to the PA Dept of Treasury, Escheats Division. Is this legal, the estate was never settled as far as I am concerned,


Asked on 8/21/18, 9:03 pm

1 Answer from Attorneys

Miriam Jacobson Law Offices of Miriam N. Jacobson

If you have questions about the estate administration, you should ask for an accounting. You don't have to agree with the amount that you received in the check. The estate attorney should also provide you with information about what was in the estate, what the will provided, how the assets in the estate were used, what was distributed, and how the amount paid to you was arrived at. If you disagree, you should respond, not just remain silent. That is why your share will be forwarded to the PA Dept of Treasury, Escheats Division. If you do not make known what your objection is, the probate attorney has no obligation to hold your funds forever. In fact, he is obligated to turn them over to the Commonwealth in the manner.

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.

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Answered on 8/22/18, 6:23 am


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