Estate Law Questions? Ask an Estate Lawyer.
Thanks for your questions and good evening.My sympathy here for your situation and dilemma.The executor would be able to go back to court and pursue removal here and repayment of any wrongful distribution.The executor may have violated fiduciary duties to the heirs if there was any wrongful distribution.If there was any losses the court may hold the executor personally liable to the estate as well as liable for any lawyer fees or costs from your return to court.The executor has a fiduciary duty here to work with the other executor and may be removed by the court and held personally liable and sanctioned by the probate court.You would want to motion to remove the other executor and seek recovery of any wrongful disbursement of funds.You certainly have remedies with the probate court.If there was a bond here posted by the executor that may also be forfeited to the heirs here as well.The probate court would deal with all of this at a hearing on the motion for removal and sanctions.You would raise this through the lawyer for the estate or if necessary you may need your own lawyer to do so and seek removal and restitution for breach of fiduciary duties.The Pennsylvania court can remove an executor on its own motion, or an interested person can petition the court for removal.I am so sorry you have had this happen.Please let me know if you have more follow up.Thanks again.
Reference to removal of executor..
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The co ex went to bank, was issued cashiers checks for amounts as called for by the will, however, I received a letter from the estate attorney and I in no uncertain terms stated I did not agree to a distribution. It was done, and I and my son received our checks today when the checks were created on Monday 6-17. Also, the other co ex and her family had already received and cashed their checks before I got mine on a Sat as to be able to do nothing about it until Monday. I did not consent, AND I was not made aware it was happening. Can this be undone?
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