Legal Question in Real Estate Law in Pennsylvania

Condolences on your loss.

The way the house is titled is critical to the answer to your questions. If it is titled in [father] and [mother], husband and wife, or as tenants by the entirety, or as joint tenants with right of survivorship, the house automatically became your mother's sole property upon your father's death and it is not a part of the estate. Therefore, she is the only one with a right to keep or to sell the house, and any proceeds of sale would belong to her. If she wants to sell, she would be listed as the seller.

Since you mention a Will, your father's estate must be probated, even if there are few assets in his name alone. All of that would be listed on his PA Inheritance Tax Return and would, therefore, not be subject to PA Inheritance Tax, since those would be non-probate assets. But you may be surprised to learn that there are some assets in his name only, perhaps from old savings or other accounts that he had. Also, the first things that must be paid are Federal Income and all other taxes, all debts and final expenses, and estate administration expenses, before any distributions are made under the Will. To make sure that the Executor does not incur personal liability, the Executor should advertise the opening of the Estate so that creditors may come forward to state any claims of which you might not be aware. They have one year in which to do so. After that time, distributions may be made free of any claims not made by then.

If you are unsure how to go about administering the estate, you, your mother, or whoever else is named as Executor should go to the Office of the Register of Wills for the County where your father resided at the time of his death. That office will offer initial help, but not legal advice, to assist you in opening the estate. If you need further assistance, you should engage the services of an estates lawyer in that county.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.