Pennsylvania Alternative Complaint for an Accounting which includes Egregious Acts

State:
Multi-State
Control #:
US-L0107A
Format:
Word; 
Rich Text
Instant download

Description

This complaint is for a plaintiff attorney who has been removed from the partnership of his former firm. The complaint requests an accounting of the former firm, stating that the plaintiff has been deprived of economic benefits rightfully due to him under the former partnership agreement, and also alleges egregious acts by his former partners.

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FAQ

Under Pennsylvania law, executors have a duty to provide an accounting to beneficiaries. An accounting is a detailed report that outlines the assets, liabilities, income, and expenses associated with the estate, as well as the executor's actions in managing and distributing the estate.

Legally, the executor cannot change the will or refuse payment, but executors can breach their fiduciary duty, as explained below, leaving beneficiaries vulnerable to creditors.

Rule 1065.1. C.S. § 5527.1. Section 5527.1 of the Judicial Code permits a party to seek to acquire title to real property by commencing an action to quiet title if the party has adversely possessed the real property for a period of not less than ten years.

As a beneficiary, you are entitled to review the trust's records including bank statements, the checking account ledger, receipts, invoices, etc. Before the trust administration is complete, it is recommended you request and review the trust's records which support the accounting.

An action in ejectment is required to obtain possession of the property and an action in assumpsit is required to recover the rent. Although not permitted in the court of common pleas, such joinder is permitted by the Rules of Civil Procedure for Justices of the Peace. Pa.

Rule 1066 - Form of Judgment or Order (a) The court shall grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the defendant has not filed an answer, or after a hearing or trial on the pleadings or merits.

Beneficiary designations most often supersede all outside Estate Plans and agreements (including divorce and prenuptial agreements). And don't worry, as long as you're living, your beneficiary doesn't have access to your account unless you've set them up as a cosigner.

The Executor Must Notify All Potential Beneficiaries Bequests of a percentage or share of an estate are typically calculated after debts have been paid and specific bequests have been made.

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Pennsylvania Alternative Complaint for an Accounting which includes Egregious Acts