Ashburn, VA asked in Estate Planning and Probate for Pennsylvania

Q: Sister-in-law (executor) has not paid inheritance taxes after mothers death in 2017, what can I do to protect my wife?

My mother-in-law died Feb. 2017. Sister-in-law took will to courthouse Feb. 2018. Will was drawn up in Ohio, and does not meet PA standards, she needs notarized statements to authenticate mother’s signature. After 3 year she has done nothing. Court has no records that inheritance taxes have been paid. She is asking my wife for money to pay county and school taxes. My wife is not willing to make a fuss and does not want to hire a lawyer at this point. I and wife live in same house as sister-in-law on property in which my wife will inherit half. Have talked to court clerk and basically told will is in limbo until sister-in-law does something. Other than hiring a lawyer or asking court to change executors, what can I do to protect my wife from further expense from sister-in-laws inaction?

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1 Lawyer Answer
Michael Cherewka
Michael Cherewka
Answered
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: if your sister-in-law "took the Will to the courthouse" I will assume that your sister-in-law is the named executor. if that is the case neither you nor you wife can do anything other than (i) demand that she hire an estate attorney and finish the estate administration (including payment of the inheritance tax) ; or (ii) hire your own attorney and have her removed as executor due to her inaction to date.

Until then no one has clear title to the home, and if your sister-in-law is not paying the local property taxes you are at risk to lose the home to a Tax Sale

1 user found this answer helpful

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