Legal Question in Real Estate Law in Pennsylvania

If you could answer the question below, it would be appreciated:

Narrative

I have an aunt who's husband has just recently passed away in Pennsylvania. They were married for approximately 25 years. 5 years ago, they purchased a home and they put only his name on the deed. He did not have a will. Now that he has passed away, she is planning on selling the home. She has two children (both are adults, independent).

Question

Does the property transfer to her without issue or will she be required to pay inheritance tax since the deed was in her husband's name and he did not assign her the property in a will?

Please feel free to ask any follow up questions.

Thank you for your time.


Asked on 9/01/10, 9:19 pm

1 Answer from Attorneys
Michael Kuldiner Law Offices of Michael Kuldiner, P.C.

If the property was just in his name then she will have to go through probate to get letters of administration and only then she would be able to sell the home. Additionally, she will have to file an inheritance tax. Most likely there will be no tax due, however, one should seek an experienced attorney to take you through the process.

If you have any additional questions, feel free to contact us.

Michael Kuldiner, Esq.

Law Offices of Michael Kuldiner, P.C.

T (215) 942-2100 | F (215) 942-9664

[email protected] | ww.PhillyEsquire.com

Disclaimer: This answer does not constitute legal advice. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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Answered on 9/07/10, 5:47 am


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