Drums, PA asked in Estate Planning for Pennsylvania

Q: My brothers will is in probate. All assets were to be sold off and divided equally between four. One sister is heir an

Executrix, she took Lexus from the estae and transferred it into her name. How do we correct this, who do we contactm besides an Attorney.

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1 Lawyer Answer
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Pennsylvania

A: Without looking at the will, I don't know what it says. Does it specify who gets what or does it say everyone gets equal shares? If it does not specify then the Lexus can be charged to the executrix's share of the assets if she is one of the heirs.

Exactly who are you thinking of contacting? Its up to you to get your own attorney. In limited circumstances, perhaps the register of wills can remove an executor who is mismanaging or wasting estate assets but that would require you to file a petition.

You can talk to the register of wills, but you will probably be told that (a) the register does not give legal advice; and (b) you need to seek out your own probate attorney.

You will need to consult a local probate attorney who practices in the county where the estate is pending. The attorney will need to review the estate file in order to advise you (for example, has the car been inventoried and/or appraised? The executor should not be appropriating assets - the executor can take control of assets but not appropriate them to her own use). The executor also should not be making any distributions of property at this juncture. Distributions are made at the risk of the executor. While there is less of a risk if the property is distributed to herself, its still a risk.

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