Legal Question in Wills and Trusts in Pennsylvania

PA Estate ?

1. Should $ in joint account with deceased & 1 heir be part of the Estate?

2.Executor had deceased sign car over to him 6 months before death. Should the car be part of the estate?

3. Is the Executor liable for the interest that has been accuring for non payment of PA inheritance tax? (hasn't been paid for almost 3 yrs)

4. Do heirs have a right to an accounting?

5. Can executor disburse additional $ not included in the will or codicil to grandchildren? Only will & codicil probated.

6. Executor sold furnishings. Is the money included as part of the estate.

7. Is there a time limit on settling a small estate in PA.


Asked on 8/28/01, 9:27 pm

1 Answer from Attorneys

Richard O'Neill The O'Neill Law Office

Re: PA Estate ?

You have a lot of complex issues here. My short answers below cannot fully explain your rights because of the issues involved. You should seek an attorney for a further discussion rather than relying on the general information below.

Joint accounts are not considered part of an estate. Because they are joint they pass outside of the estate upon death.

If the car was transferred properly and under no duress then it would not be a part of the estate since the deceased did not own it when he or she died.

If the tax hasn't been paid for three years you could pursue an action against the executor for failure of his duties and if you win you could force him to reimburse some, or all, of the loss.

Yes, heirs have a right to an accounting. You can demand an accounting by retaining an attorney and by filing a petition for accounting.

The executor only has power to distribute assets of the estate. I don't know where other money would come from, but if it isn't the executor's money and it isn't a part of the estate then the executor doesn't have a right to do anything with it.

Items sold, which were owned by the deceased at the time of his or her death are a part of the estate.

Estates can take nearly forever. But if the executor is failiing to due their duties you can have them forced to do so by the court. There are, however, specific deadlines which must be ahered to.

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Answered on 9/17/01, 9:40 am


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