COVID-19 Update: We are open and serving our clients. Learn More >>>
Stephen Bilkis
Protecting your interests
and your loved one’s wishes
833.725.2972 Request A Free Consultation

Standing to Petition to be Appointed Fiduciary

Serving as a fiduciary over an estate is an extremely important role and it is valuable to realize when and when not, you have to be bound by the official rules outlined in Pennsylvania statutes. Not every single person who wants to serve in this role is eligible to do so to begin with. For example, a person who is still legally classified as a minor cannot request to serve as a fiduciary.

If you think that you want to become a fiduciary over someone’s estate assets, you need legal guidance from an attorney immediately. You cannot simply step into this role without first talking it over with an attorney who knows the pitfalls and issues you might face. Your lawyer can also tell you whether or not the grounds have been met for you to ask for standing in such a case and your lawyer will be a powerful person to turn to for answers to questions as they come up.

A standing to petition to be appointed fiduciary lawyer in Pennsylvania can help evaluate your individual case and provide you with further information. If you find yourself questioning whether or not you could be appointed fiduciary, you need to schedule a consultation with a Pennsylvania standing to petition to be appointed fiduciary attorney immediately. A Pennsylvania standing to petition to be appointed fiduciary lawyer will advise you about the various pitfalls and problems that could be raised in your case and how to best protect your interests and ensure that you file all of the paperwork appropriately. A case in which a nominated executor is unable to serve, the residuary beneficiaries of a will may have exclusive standing for the first 30 days following the decedent's death to petition to serve as personal representative. In these cases, the intestate heirs and the surviving spouse have that exclusive standing and third parties must wait until this time period has expired and none of those individuals has risen to the role in order to apply to administer the estate. The consent of persons with higher priority can also trigger a third party to be able to step in and have standing to petition to be appointed fiduciary. This is outlined under Pennsylvania probate statutes 20 Pa. C.S. 3155c. Certain individuals will never have appropriate qualifications to administer an estate, whether or not they were named in the will as an executor. Furthermore, is important to realize that local and state laws can impact whether or not a person is eligible to step into this role, even if he or she previously anticipated being able to do so because of being named in the estate documents. The register has the ability to deny granting letters of administration, for example, to any non-resident as outlined under Pennsylvania probate statutes 20 Pa. C. S. 3157.

A person who is confused about his or her standing and eligibility to be appointed fiduciary would do well to consult with an attorney in advance to clarify whether or not there are any associated issues and problems prior to initiating this type of legal action.

It is extremely important to be informed about the local and state rules that could influence a person's willingness and eligibility to step in in this role and could help to defray unnecessary cost, time and aggravation spent when you might not have been approved to serve in this role in the first place. Scheduling a consultation with a lawyer who is thoroughly familiar with this area of the law is strongly recommended and this process should be initiated as soon as possible.

Client Reviews
★★★★★
"Had the great fortune to know David Dessen and Bonnie Moses for decades. I respect both their legal opinions as well as their good work. I highly recommend them. Not only for my legal issues but I refer them when I’m asked for an attorney in the Philadelphia area." SS
Contact Us for a Free Consultation
Contact Us