IN RE: ESTATE OF CARRYL L. WALTER, DECEASED; APPEAL OF: LYNN M. WALTER, 2018 PA Super 179

Summary

HOLDINGS: [1]-There was no abuse of discretion in a determination that a former executrix's administration of a decedent's estate failed to reflect reasonableness and prudence, as her defense that she relied upon the advice of an attorney provided her with no guarantee of immunity from a surcharge, and it was her obligation as the estate fiduciary to withstand the court's inquiry into, inter alia, the reasonableness and prudence of such reliance; rather than investigate three separate bank notices advising overdraft fees had been assessed on checking and savings accounts holding estate assets, the former executrix simply relied upon the attorney's unsubstantiated assurances that the notices were of no concern, which enabled the attorney to steal from the estate for years.