Estate/executor issue questions - please help!

[zalansky]

Long story short, my father passed away Feb 2007. There was a home and money in Florida which has been sold and the estate settled and is finally in probate. There is another home in Pennsylvania that has been for sale for quite some time which has no mortgage on it. I am a beneficiary, there are 4 of us and one of us is the executor. This is a bad and hostile situation where the executor is on a power trip and refuses to share any information with myself and another beneficiary. The issue is, the Florida attorney needs us to sign a paper ASAP that states we have received FULL DISTRIBUTIVE SHARE.
I want to be sure I am not signing away my rights to the share of the PA house. I know that may sound stupid since its two different states, but I don't trust the executor. We have never rec'd anything from the alleged PA attorney handling that estate. She refuses to give us the name and number.
So my main question would be - isn't an executor required to give the other beneficiaries at least the name and contact info for the attorney handling the sale of a home they own 25% of?

I am sorry to ask here, I searched online and couldn't come up with something. If I had more time today I would call an atty friend. I am just hoping someone here might know. Thanks all.

 

[BriarfoxinWA]

I would contact a good estate attorney and find out what your rights are before signing anything. I'm sure they would review the documents you have and advise you of what you are signing.

 

[PatsMom]

I believe the executor answers to the probate court, not the beneficiaries. The probate court should have a full accounting of the estate. It is a public record (one of the reasons for probate avoidance) and you should be able to obtain a copy of the accounting. An executor can be sued by beneficiaries if there is a breach of duty. The probate in the two states would be entirely separate issues - complicating and adding to the expense of settling the estate.

As the PP suggested, you would probably benefit from the advice of a good attorney to make sure you understand exactly what you are signing.

 

[corndog]

Do you know which county in Pennsylvania? Just call the probate court and inquire about the estate. They'll tell you if anything has been opened and who the attorney is.

If the PA home is a probate asset I would definitely not sign anything that says you've received your full distributive share.

 

[zalansky]

I do know what county it is in, i tried to do an online search (which is something they do here in FL) but no luck. I will call now. Thanks you guys for your help - keep it coming.

 

[abdmom]

Estate laws vary from state to state.

I too would not sign anything until I consulted an attorney who was experienced in both states.

I am not a lawyer, but I have been an executor. ... It does sound though that the FL attorney is trying to close probate and the piece of paper says that you have received your entire share of the estate. Unless you are a 1/4 owner of that PA property, which it sounds like you are not, you have not yet received your full share. Sounds like the executor has not been sharing sufficient info with you to know. So, my 2 cents, is don't sign. Refusal to sign will likely lead to increased disclosure from the executor. The executor probably does want you to sign.

 

[legalsea]

Some good advice above. I will add my two cents: if the Florida attorney wants you to sign a statement saying that the estate has been fully settled (likely so he can get the probate court to close the case and get final payment), simply call said attorney and have him fax to you a statement, by said attorney, saying that the paper he or she wishes for you to sign concerns the Florida property only and does not involve the PA property. That will put the Florida attorney 'on the hook'. If the attorney sends you the statement, then go ahead and sign.

Real Property must be probated within the county of the state where it is located. The Florida probate court has no jurisdiction over real property in Pennsylvania. It cannot pass title on said property. I doubt that the Florida attorney is trying to scam you into signing a document that would declare that the real property located in Pennsylvania has been 'fully distributed'. I certainly would not risk my license for such a ploy. Even if you did sign that document and it turned out that it was some type of scam, I doubt the PA probate court would accept it. Probate courts are very jealous of their jurisdiction.

The real property can only be transferred to another person by one of two methods: a deed (the usual way) or by order of probate (done when the real property owner is dead). Since you father is dead and so no longer able to deed the property to the four legatees then the probate court for that county has to do it. Remember, the purpose of probate is to establish a chain of title so that future buyers may research the title and show an unbroken chain.

You are right to be wary, but I imagine that all is well. Get that statement from the Florida attorney.

 

[manning]

The old deadline trick. There's no deadline here in your case. You only sign when you are sure you got everything you are entitled to.

To add

If the executor is trying to pull something he/she may be in legal trouble. In that case you are in the driver seat.

Case in point. I Have a relative who inherited part of an aunts estate. Long story short That side of the family would not allow his mother to be buried in the family plot along side her husband and would not allow him to be moved.

Well the executor was caught playing with the estate. The relative said ok allow me to move my dad and you can have everything....or go to jail.

Needless to say the executor didn't want to go to jail.

GO SEE A LAWYER. ONE THAT SPECIALIZES IN ESTATES.