Ask Me Help Desk - Probate of Will

My grandmother passed away in 2004 and she died testate leaving my aunt as the executor of the will. Now I received a notification that I was named in the will back in early August. I soon after contacted the lawyer hired to probate the will he said I would be getting 2k probably at the end of September. Well nothing has come as yet and I contacted him several other times and he keeps moving it back month by month every time I call. I also heard word from my mother that my aunt as executor of the will is not going to execute it but just use the money to help out my uncle who is jobless. As executor can she just spend the money without executing the will? Also is there a certain department that I can contact within the state gov. that I can check on the status of any paper work filed with the state? I live in PA and my grandmother lives in PA. Thanks.

First you need to check in probate court to make sure the will was probated and what the terms of the will are.

The aunt as executor CANNOT alter the terms of the will. If you were given a 2K bequest in that will, then the only way you would not get the 2K is if there wasn't enough money in the estate to cover the bequests. Once you have determined that will has been probated, you can petition the court to have the bequests distributed.

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Originally Posted by ScottGem

First you need to check in probate court to make sure the will was probated and what the terms of the will are.

The aunt as executor CANNOT alter the terms of the will. If you were given a 2K bequest in that will, then the only way you would not get the 2K is if there wasn't enough money in the estate to cover the bequests. Once you have determined that will has been probated, you can petition the court to have the bequests distributed.

I know that she cannot alter the terms of the will but what if she just sits on the money and spends it before it can be distributed. She is using some of the money to take care of my uncle who is also named in the will as the main benificiery. The money may run out before it is distributed. How do I contact the probate court? The lawyer said that he submitted the documents to the state capitol for everything to be cleared and the taxes to be paid but I don't believe this due to his inconsistency in his answer every time I ask when the checks are going to be distributed. Is the probate court local or is it the state who takes care of everything?

She can't do that at least not without consequences to her. Once she accepts the position of executor she is bound by a fiduciary responsibility to act with the best interests of the estate and its beneficiaries in mind. She will have to account for any monies paid out of the estate. She can be sued for malfeasance, prosecuted for embezzlement, etc. if she spends money lile that.

Probate courts are local, generally a will is probated in the county where the deceased passed away. You need to ask the attorney point blank; "In what district court was the will submitted for probate?" You then go to that court to find the status. If he refuses to tell you, tell him you will report him to the local Bar association. As a beneficiary of the will you are entitled to this information.

You are also entitled to request, from the executor, an accounting of the assets of the estate and what expenditures have been made on behalf of the estate.

Quote:

Originally Posted by ScottGem

She can't do that at least not without consequences to her. Once she accepts the position of executor she is bound by a fiduciary responsibility to act with the best interests of the estate and its beneficiaries in mind. She will have to account for any monies paid out of the estate. She can be sued for malfeasance, prosecuted for embezzlement, etc. if she spends money lile that.

Probate courts are local, generally a will is probated in the county where the deceased passed away. You need to ask the attorney point blank; "In what district court was the will submitted for probate?" You then go to that court to find the status. If he refuses to tell you, tell him you will report him to the local Bar association. As a beneficiary of the will you are entitled to this information.

You are aslo entitled to request, from the executor, an accounting of the assets of the estate and what expenditures have been made on behalf of the estate.

Thank you very much the information definitely helped. On further item, is that I know the will was probated in Philadelphia County and the lawyer says that he is waiting on the State (PA) in Harrisburg for final approval and distribution of taxes, etc. Is he telling the truth or should I just contact Philadelphia County Court for the status myself? Also when you mentioned District Court, isn't that for Federal issues only? They are not involved in this issue are they?

State courts also have districts. I would definitely contact the Philadelphia County Probate court for a status. But, I don't know enough about probate law to know whether the atty is snowing you about waiting for the state. Frankly it doesn't sound kosher to me.