Legal Question in Real Estate Law in Pennsylvania

You did not mention whether or not each or both of your parents had Wills. If there was a Will, the property would go to the person[s] named in the Will. If not, property would go according to the intestate [meaning there is no Will] statute.

In either case, you have to administer both estates. Depending on how the deed to your parents listed their interests in the property, it may be subject to PA Inheritance Tax in both estates, based on the values as at the date of death of each.

Also, if their estates are large enough, they may be subject to Federal Estate Tax.

Estate administration includes making sure that all debts, including taxes, are paid before assets are transferred to heirs.

Because inheritance taxes are due and payable by 9 months after date of death, interest and penalties are accruing on each of your parents' respective estates.

PA currently has a tax amnesty, ending on June 18, 2010. The amnesty waives the entire penalty and 1/2 of the interest. You would save a lot of money on the inheritance taxes on each estate by filing an application for the amnesty and paying the amnesty amount. This may only be done online:

https://www.pataxpayup.state.pa.us/pdor_ta09b2b/resetSession2.do?Standalone=yes&showmodulename=false

I do not counsel anyone about any kind of taxes, but am aware of the amnesty and so bring it to your attention.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

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