Difficulty Settling an Estate in Pennsylvania

**blacksheep** · 12-16-2006, 09:11 AM

My mom passed away a little over a year ago and we still do not have things settled. I am the executor of her will and the attorney I have seems to be for my siblings not me so I went and seen another attorney. This attorney has really helped me alot but the other attorney refuses to give me any money back. She said the 1000.00 that was paid is for listening to my case and to do the estate tax. My question is now I don't have the money to start over with a new attorney so I have to go through the other one but I can't get my siblings to pay anything and the attorney says I can't charge the estate because there is no money in it. What can I do ? I have already recieved a letter wanting to know why the estate tax has not been paid. I would appreciate any help you can give me.

**seniorjudge** · 12-16-2006, 10:09 AM

If the estate is exhausted (which means there is no money) then you cannot pay any bills.

**blacksheep** · 12-17-2006, 02:07 AM

Quoting seniorjudge

If the estate is exhausted (which means there is no money) then you cannot pay any bills.

Does that mean that I am responsible to pay all the estate tax and attorney fees myself? I only got a small piece of property my siblings got the family home and it's property.

**Mr. Knowitall** · 12-17-2006, 06:13 AM

The estate's debts, taxes, and attorney fees should be paid from the estate's assets prior to distribution.

**blacksheep** · 12-17-2006, 01:09 PM

Quoting Mr. Knowitall

The estate's debts, taxes, and attorney fees should be paid from the estate's assets prior to distribution.

I probated the will and nothing has been sold or transferred yet but my sister moved into the house and now the attorney says there are no assets that I can use to pay the fees.

**seniorjudge** · 12-17-2006, 03:19 PM

Quoting Mr. Knowitall

The estate's debts, taxes, and attorney fees should be paid from the estate's assets prior to distribution.

100% correct and I agree.

Quoting blacksheep

Does that mean that I am responsible to pay all the estate tax and attorney fees myself? I only got a small piece of property my siblings got the family home and it's property.

All the expenses should be taken out of the estate; if there is nothing left, then you can't pay anything. If any heir got anything out of the estate, he will have to give it back.

**colourfastt** · 01-22-2007, 07:11 AM

Quoting blacksheep

I probated the will and nothing has been sold or transferred yet but my sister moved into the house and now the attorney says there are no assets that I can use to pay the fees.

It sounds like the house will have to be sold to provide cash to pay the taxes, etc. Your sister will have to find a new place to live.