Legal Question in Tax Law in Pennsylvania

Re: Real Estate from deceased parents,

You do not give dates of death, but from what you describe, it has been several years. You also do not say if there was a Will by the parent who died last. If there was, it must be probated and carried out by the named Executor. This should have been done already. You may also have to file a PA inheritance tax return to get documents required to provide clear title when the house is sold. If any taxes are due, the delay in taking action will also result in possible penalties and interest on any taxes that might be due. If there was no Will, a proceeding for Administration needs to be filed. All brothers will equally be entitled to this appointment, unless one or more opt out, as well as an equal share of the estate. As to the house operations since the surviving parent's death, I am presuming there was nothing in writing, so this must be covered when the house is ultimately sold. It would not surprise me if this may require litigation between the children, as the brother residing in the house failed to meet his agreements and should be expected to deny any responsibility now. I suggest retaining a good, local estate attorney to assist you