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Pennsylvania Ancillary Probate - Can't get executrix to transfer interest in Real Property to heirs/beneficiaries.

Kingston, PA |

Resident estate probate open for two and a half years. All administration done but executor won't close. My prime concern is the Pennsylvania Real Property interests. The PA inheritance tax is paid and there are no other assets except for the real property. Executor will not transfer the property to the heirs/beneficiaries. How do I force the executor to transfer the property ?

Attorney Answers 3

Posted

The first question we need more info about is why won't she transfer the property? Is the Executor thinking of selling the property? Does she have the authority to do so? Is the Will explicit on what is suppose to happen to the property? Depending on your answers to the above questions - you can file a Petition to compel sale of the property if that is best for all concerned. Alternatively, seeking the removal of the Executor for her delay may be considered by a Judge depending on the facts of the case. Go see a probate attorney to resolve this for you.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

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8 comments

Asker

Posted

It is simply a "control" factor to maintain control, because it is owned with other family members. There is no other prudent or reasonable reason. No need to sell as all administration of probate has been handled, just refuses to close and distribute. I would think there is a high chance of success to order the transfer as over two years have passed. Thank you

John P Corrigan

John P Corrigan

Posted

You can file a Petition to the Court demanding a distribution of the property....this will not be a matter that can be simply ignored by the Executor and she can be "surcharged" for all damages and costs as a result of her delay and willful refusal. She can also be removed so a new Executor can step in and take care of business! Good luck to you! :) Regards, John P. Corrigan Corrigan & Baker, LLC 140 Grand Street, Ste. 501 White Plains, NY 10601 (w) 914.468.0191 (c) 914.424.1444 (f) 914.339.0608

Asker

Posted

Thank you so much. Would your answer also be good for Pennsylvania ?

John P Corrigan

John P Corrigan

Posted

I am licensed in NY and CT so really can't say other than Petitions of this sort are pretty uniform among all probate courts in the US. They have a different name for it and a different process in terms of the docs to file -- but in substance all doing the same thing substantively ... Probate Courts are courts of Equity and this is exactly what you are seeking here.

Asker

Posted

Thank you so very much !

John P Corrigan

John P Corrigan

Posted

My pleasure......at least tell AVVO I was helpful if not best answer! :)

Asker

Posted

Wish you practiced in Pennsylvania !

John P Corrigan

John P Corrigan

Posted

You are kind.....best of luck to you!

Posted

The heirs need to get together and hire an attorney to file a petition with the Court to force the Executor to distribute the assets.

NOTE: Mr. Fischer is an attorney licensed to practice in Pennsylvania. He can be reached at 610-269-0900 Ext 2 or jgf@vflawoffice.com. This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. Frequently the question does not include significant and important facts and time lines that if known could significantly change the response. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

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5 comments

Asker

Posted

3 beneficiaries. Executor and 1 beneficiary are communicating while giving no information to 3rd beneficiary. Can 3rd beneficiary force the executor to transfer the property and what steps should he take ?

Jay G. Fischer

Jay G. Fischer

Posted

The 3rd beneficiary may have to proceed alone, but the advice is the same. Obtain an attorney to file a Petition with the Court to force the issue.

Asker

Posted

Thank you. Will the Petition be successful ?

Jay G. Fischer

Jay G. Fischer

Posted

It is far too difficult to determine the likehood of success with the limited information available. You really need to meet with and discuss the matter with an attorney experience in probate litigation.

Asker

Posted

Thank you. What I am hoping is, is that a PA court will order the property to be transferred because nothing else is a factor except the excutor refuses to transfer.

Posted

You could also file to have her removed as executrix and you appointed so that you can get the job done.

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