Executor lives 11 hours away and is useless and spitefull. The estate is open 6 almost 7 years

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Executor lives 11 hours away and is useless and spitefull. The estate is open 6 almost 7 years

There is a estate account with 150,000 cash everything has been settled except paying the lawyers, executor and I am sole beneficiary and giving my sister a cash gift even thou she was excluded in the will. my mother passed away 09-03-2012. The executor lives 11 hours away wont speak to me and he isn’t doing his job by settling it. He is wasting a lot of money so far changing lawyers 3 times and he is trying to get reimbursed for almost 12,000 and his receipts are hand written and me the sole beneficiary he has not spoken to me in 4 years now. what do I do? this is for Pennsylvania

Asked on January 6, 2019 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can bring a legal action in chancery court (a part or division of county court) seeking an "accounting" of the estate by the executor: that is, to make the executor "account" for his handling of the estate. Executors have a duty imposed by law to act in good faith, loyally, prudently, and reasonably (including in terms of expenditures) vis-a-vis the estate and beneficiaries, and to not engage in "self dealing" (that is, to not look to profit themselves unfairly at the expense of the estate or heirs). If an executor is violating these "fiduciary duties," the court do one or more of: order the executor to do or not do certain things; order the executor to personally repay to the estate amounts he took or wasted or lost; remove the executor and appoint a new one.


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