Legal Question in Real Estate Law in Pennsylvania
what to do?
My mother divorced my father and in the process gave her share of the house they owned to him. My father died and in his Will gave the house to all seven children. My mother lives in the house again and pays all of the bills and taxes. The seven children have verbally given the house back to mother. How do we make this legal especially when the Deed itself has not been changed since their initial purchase in the early 60's?
1 Answer from Attorneys
Re: what to do?
The only way that estate assets [any property owned by the deceased] can be transferred is through probate process. This involves filing the Will with the Register of Wills in the County where your father resided at the time of his death, and seeking that the Register of Wills issue Letters Testamentary to the person who will administer the estate. That could be your mother or one of you or your siblings. Those who agree on the one [or at most, two] people to administer, may sign "Renunciations". Forms are available at the office of the Register of Wills.
Only after the estate has been administered, including paying all debts and taxes, such as income tax, estate and inheritance taxes, etc.], may the assets be distributed as the Will directs.
The Register of Wills is generally helpful to people doing this on their own. If you feel it is too complicated, which it may be, depending on what is in your father's estate and how well everyone will cooperate, your mother should consult an estates lawyer in the County where the probate process will be filed.
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