How can I stop theft of heir property under estate administration?

Full question:

How do I stop the theft of heir property that has been taken under the protection of the administrator of the estate?

• Category: Fiduciary Duty
• Date: 04/07/2025
• State: Pennsylvania

Answer:

The administrator of an estate has a fiduciary duty to act in the best interest of the estate. This means they must manage the estate's assets responsibly and avoid any actions that could harm the estate or benefit themselves improperly. If you suspect that the administrator is mismanaging or stealing property, you have several options.

First, you can petition the court for an accounting, which requires the administrator to provide a detailed report of their management of the estate's assets. If they have breached their fiduciary duties, you can file a claim for breach of fiduciary duty, theft, conversion, or fraud.

To establish a breach of fiduciary duty, you must show that:

1. You trusted the administrator and they accepted that trust.
2. The administrator failed to fulfill their duties.
3. You suffered damages as a result.

Defenses the administrator might use include the statute of limitations, lack of a fiduciary relationship, or that they acted with full disclosure and consent. If necessary, you can also seek their removal from their position if they are mismanaging the estate (20 Pa.C.S.A. § 3182).

For further assistance, consider consulting with a legal professional who can guide you through the process.