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Is it possible to change the names or remove a name on a…

Customer Question
Is it possible to...

Is it possible to change the names or remove a name on a Short Certificate in Pennsylvania?

Lawyer's Assistant: What documents or supporting evidence do you have?

My uncle is listed as the executor of my mother's estate, but he is in California and it is difficult to handle the affairs of the estate because he is not in Harrisburg. We need to remove his name and add mine so that we can continue to settle the estate. As far as supporting documents, all we have are the Last Will and Testament of my mother and a death certificate.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is it.

Submitted: 8 months ago.Category: Estate Law
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Answered in 6 minutes by:
12/1/2017
Estate Lawyer: LegalGems, Attorney replied 8 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,962
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Estate Lawyer: LegalGems, Attorney replied 8 months ago

My sympathies for your loss;

unfortunately an executor would need to formally resign by filing a petition to withdraw with the court and they will typically require an accounting up to that date; then if the will appoints a successor, that person if willing will generally be appointed, otherwise a petition for appointment would need to be submitted.

If the current person refuses to withdraw the heirs may bring a petition for a citation to remove, if there is a breach of fiduciary duty or failure to perform (which is a breach).

A fiduciary duty means that the person in the fiduciary capacity owes a duty to the other person- and that the fiduciary must act in good faith, with the best intentions, to preserve any property that is at issue. Failure to act in this manner (essentially, a trust/guardian) is considered a "breach" and can result in:
1. removal of the fiduciary
2. sanctions (ie fines, award of attorney fees, etc)
3. damages (economic liability for the damages suffered by the party to whom the duty was owed)

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Estate Lawyer: LegalGems, Attorney replied 8 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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