Legal Question in Real Estate Law in Pennsylvania

Re: son's death and personal property

You asked about recovering persona; property of a decedent.

First, you have my most sincere condolences on the loss of your son.

You should speak with a probate attorney as soon as possible. The real and personal property of a deceased person flows in a prescribed manner. No one may lie claim to personal property unless there is a testatory instrument demonstrating the intent.

You should also consider that the fiance is also grieving and would like to keep some or even many possessions to remember him. Work with her to bridge the divide between you. The material things are just that, things. They are no replacement for your loss.

As to the monetary issues. You probably should not let the house go into foreclosure if there is any equity. The property can either be divided amicably (between the fiance, if named on the deed) and yourself as next of kin and where you can demonstrate the down payment came from you. The alternative is partition where the Court orders a sale of a property and distributes the proceeds by law3. Partition sales always result in low sale prices.

One big stick that you have is that since you are not named on the deed any deficiency in the foreclosure proceeds will not accrue to you. If the fiance is named on the deed she will be solely responsible for the deficiency. And with such a new purchase there will most certainly be a deficiency unless the down payment was huge. In other words, if she doesn't work with you she will end up with a large outstanding debt which the creditors will very aggressively pursue. Actually they will give it to some soulless debt collector. They can collect on the debt for 4 years or turn it into a judgment and collect for twenty.

In the end, it is much more efficient to hire a probate lawyer and find a happy resolution for all parties.

Regards,

Roger