I am my fathers nearest living survivor but I am not the executor of his estate.

Asked over 1 year ago - Uniontown, PA

My sister in law was given the duty after my only brothers death two years ago and our mothers passing in 2004. I was promised by my fathers estate attorney that I "would be kept in the loop" concerning matters pertinent to the estate. I have received one update since he passed in late January and all inquiries since have been ignored by the atty while the executor only tells me things when it is convenient for her sometimes two weeks or longer after I inquire. What can I do?

Attorney answers (4)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You are entitled to certain information but at this early stage there may not be much to report and dealing with your inquires may only cost the estate money. That's not to say a simple letter stating "we will know more by x date" isn't in order. If you truly feel you are not getting answers or being mislead, you should hire your own attorney. Attorneys usually respond to other attorneys. The attorney for the executor represents the executor, not you. I'm not sure if you mean anything by it, but the fact that you are the closest relative doesn't really mean much, especially when there is a will - that is why people are free to choose their own executors.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Ruth Elaine McMahon

    Contributor Level 18

    2

    Lawyers agree

    Answered . there are times during probate administration when there is really nothing to report. A beneficiary should be entitled to an Inventory and any amended inventories, an Annual Accounting, and copies of pleadings. It appears that this estate has been open a long time - much longer than one would expect. But, if the will was a testamentary trust, administration must go on until the trust is over. It appears that you are receiving more information than most beneficiaries. You could show a copy of the will/trust and the documetns you have received to an estate administration attorney for an opinion on whawt you should expect.

  3. Joseph Michael Pankowski Jr

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I'm sorry for your loss. Given these circumstances, you need to retain your own attorney. He or she will make sure that you obtain as much information from the Executor as the law in your father's jurisdiction allows. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  4. James P. Frederick

    Contributor Level 20

    Answered . I agree with my colleagues. There are long periods of time during probate administration where virtually nothing takes place. To assume that there is constant and continuous action taking place is completely erroneous. So it is VERY likely that the reason you have not heard from the attorney of the executor is that there is nothing to tell you.

    You are entitled by law to certain information and documentation, but this happens only at certain intervals. Those intervals can be a very long time. Annual accounts are only prepared once a year, for example.

    If you believe there is information that is being wrongly kept from you, you can always review the probate file with the court. Or if it will help you feel more connected to the estate, you can take Mr. Pankowski's advice and retain your own attorney, so you can contact him/her periodically to make sure that you have received what you are entitled to.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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