Can the executor of my husbands Will use his estate's money to contest his Will?

Question

My husband changed his Will a few years ago and left me part of his property in another state. His sister is the excutor and she is insisting that he made a mistake in the wording of the Will and he didn't mean to leave me that property. I know the Excutor is suppose to defend the Will, but is the Executor allowed by law to contest the Will and then use my late husband's estate money for attoney fees?

Answer 1

If the executrix is not following the will, a proceeding should be brought in court to remove her as executrix.

Under Pennsylvania law, 20 Consolidated Pennsylvania Statutes, § 3182 (1), "The court shall have exclusive power to remove a personal representative when he . . . is wasting or mismanaging the estate, is or is likely to become insolvent, or has failed to perform any duty imposed by law. . ."

The procedure for removal is in 20 Consolidated Pennsylvania Statutes, § 3183: "The court on its own motion may, and on the petition of any party in interest alleging adequate grounds for removal shall, order the personal representative to appear and show cause why he should not be removed, or, when necessary to protect the rights of creditors or parties in interest, may summarily remove him. Upon removal, the court may direct the grant of new letters testamentary or of administration by the register to the person entitled and may, by summary attachment of the person or other appropriate orders, provide for the security and delivery of the assets of the estate, together with all books, accounts and papers relating thereto. Any personal representative summarily removed under the provisions of this section may apply, by petition, to have the decree of removal vacated and to be reinstated, and, if the court shall vacate the decree of removal and reinstate him, it shall thereupon make any orders which may be appropriate to accomplish the reinstatement."

Also, if the executor or executrix has done something wrong, the court can surcharge him or her.

I think you need to hire your own lawyer and bring the executrix to court to explain her actions. The court is not going to do anything of its own motion.

Answer 2

No.