Legal Question in Real Estate Law in Pennsylvania

my fiance and I bought a home together in 2006. We had it deeded as, Tenants not in common with rights of survivorship. This was done to avoid any inheiritance tax if one of us should pass away. He died last May 2012, I am now getting a bill from PA internal revenue. I should not be billed this, correct?


Asked on 4/02/13, 4:28 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If the deed was properly worded, the property became yours by law automatically upon his death. It is not part of his estate. His estate should be administered whether he had a will or not, so that an inheritance tax return will be filed and the PA Department of Revenue, Inheritance Tax Division, will see that the home was not in the estate and, if it agrees with the return, can issue a document to the effect that no [further] tax is due.

You or whoever is the administrator should consult an estates lawyer in the county where he resided so that the administration is properly carried out and completed.

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Answered on 4/02/13, 7:36 am


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