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Law Pro
Law Pro, Attorney
Category: Estate Law
Satisfied Customers: 23672
Experience:  20 years experience in estate and trust planning, probate, and wills
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how long does an executor of an estate in pa have to settle a estate & trust

Customer Question

the person of the estate passed away in june of 2008..the executor has failed to give copys to the half beneficary of the trust, what if any are the consequences for this? the half beneficary..of the trust has spoke to the lawyer who drew up the trust, to request a copy for himself of the trust and was denied a copy..this lawyer is the same for both beneficaries since the 1/2 beneficary is not the executor..is the there anything at all that can be done?
Submitted: 5 years ago.
Category: Estate Law
Expert:  Law Pro replied 5 years ago.

Generally, the executor of the estate should settle the estate within 9 months of the decedant's death. However, that generalization can be substantially longer if there is real estate or some other asset(s) (ie. a business) that must be sold.

 

So, in answer to your question - it all depends on the type of assets the decedant owned at the time of death and how easy it is to sell such if the heirs want money.

 

I don't understand what has gone on here.

 

An estate is different than a trust - a trust can be established that circumvents distribution of estate assets because the assets are transferred into the trust.

 

Please explain what's going on here, the half beneficiary, etc. Thanks!

Customer: replied 5 years ago.
im aware that the estate & trust are different ..my question was pertaining to how the executor of the estate and the lawyer who wrote the trust up can withhold copys of the trust from the half bebeficiary of that trust..and how long they can continue to keep those documents from him?
Expert:  Law Pro replied 5 years ago.

They can't withhold documents from the beneficiary. In fact, they must give the beneficiary copies of the documents upon request by the beneficiary.

 

What I would do is send the lawyer or whomever is in charge of the trust and/or estate and demand that they send you copies of the trust immediately or within 20 days. Inform them that if they don't you will petition probate court for the information.

 

If they don't give you the information you will have to file a Petition For Rule To Show Cause Why Trustee/Executor Will Not Produce Documents with the Probate Court.

 

That you will ask the probate judge to sanction them for not giving you the information that you asked for upon numerous occassions. That it is your right and their duty and liability to give you the information.

Customer: replied 5 years ago.
the lawyer who wrote the trust said that the executor requested that the half of beneficary NOT be given the documents. and has denied him these copys on 3 different occassions. so if he stands as both beneficarys lawyers ..what can be legally done to him? since i believe that as a lawyer in this matter he should already be aware of his responsiblities to provide these documents upon request!
Expert:  Law Pro replied 5 years ago.

I don't care what the lawyer wrote - the executor doesn't have the power or authority to demand such - you on the other hand are entitled to the information.

 

I think the lawyer is just "puffing and blowing smoke" clearly. Once you inform his what your intentions are and that you are going to ask the court to impose sanctions against him - I think he will give you the information very fast because he doesn't want the court to sanction him.

Law Pro, Attorney
Category: Estate Law
Satisfied Customers: 23672
Experience: 20 years experience in estate and trust planning, probate, and wills
Law Pro and 6 other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.

thank you for your information..greatly apreciate it!Smile

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