I am a beneficiary on a will. The executor has done nothing so far. Is there legal action that can be taken to force the executor to move forward will the Will? It has been 10 months.
First, you need to ascertain whether the executor has really done nothing. If you mean there has been no distributions, that does not mean that the executor has not been doing what needs to be done to conserve and protect the assets in the estate. One suggestion is to go to the Register of Wills Office and see if the Pa Inheritance Tax Return was filed. It is due nine months after the date of death. If it has not been filed, the executor may have obtained an extension of time from the Pa Department of Revenue. If you are really certain that the executor is not doing anything to advance the administration of the estate, then you need to consult with an attorney experience in Orphan's Court litigation as well as estate administration. After some investigation, the attorney may advise you to file a petition with the Orphan's Court to have the executor removed. The Court will hold a hearing and determine if the executor's conduct is adequate. If not, the Court can order that the executor be remove and the the alternate named in the will be appointed as executor.
