Legal Question in Real Estate Law in Pennsylvania

A home will have a sheriff's sale in the state of PA in one month.

The sheriff's sale is because of unpaid taxes and a balance owed to a nursing home. The deed is in a deceased person's name and the nursing home had attained guardianship. The next of kin is planning on moving and the next of kin after that is wanting to know can the house be sold to one of the "WE BUY HOMES" people to pay off the debts and keep the amount remaining or is the nursing home the only party with rights to sell. Thank you in advance.


Asked on 11/06/13, 11:10 am

1 Answer from Attorneys
Rachel Hunter

And who exactly are you?

The next of kin, if interested,. should consult with a probate attorney who practices in the county where the estate is or would be pending. The next of kin needs to probate an estate for the deceased unless the nursing home already has been appointed.

The home can be sold to anyone. Any proceeds left will go into the decedent's estate and used to pay any other claims of creditors.

Why is the nursing home involved here at all? Even if the nursing home was appointed as guardian, the person is now DECEASED. That means the guardianship is over. The personal representatative for the decedent's estate would be tasked with taking over, paying any debts, taking control of any real property and distributing anything left to the heirs/beneficiaries. Unless the nursing home has been appointed as the personal representative then the nursing home is not in charge.

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Answered on 11/07/13, 5:20 pm


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