Legal Question in Wills and Trusts in Pennsylvania
Our 74yo mother passed away in her sleep in 2007, after a long illness with emphysema. The last 3 years of her life she was on oxygen 24/7, and bedridden the last month. At the time of her death she still owned a little over 9 acres in a rural part of Pennsylvania, up in the mountains, with her trailer on the parcel of land that was closest to the road. Though there were hints she'd written out a will, none was found. A couple of weeks before she died, when asked what her plans were for her property she said, "Of course I'm leaving it to my kids!" This is all that we have at this time as a statement of her intentions.
I have 4 brothers and sisters. A sister and a brother live within about 5 miles of Mom's property, and the other 3 "kids," including me, live east about 100 miles. Nobody in the family has the money to take care of the situation. We have continued the upkeep on the property and also have paid all the tax bills, which are up-to-date. I pay the monthly electric bill. Occasionally I, or another family member, spends a weekend or a week or so and does chores around the place, in a kind of "all for one and one for all" manner.
Because family still spend time there, all that has been removed were Mom's personal items, such as her clothing, etc. In the next couple of months the one sister who lives near the property and I are going to make a concerted effort to go through every single thing in Mom's home, to see if we can find anything that looks like a will. Mom kept newspapers under all her furniture cushions, as a way to make the seating firmer. We figure it would be just like her to stick a will inside one of those papers!
Up until the day she died our mother was sharp as a tack; however she had moments of suspicious and delusional thinking. According to the local Hospice organization who helped me care for Mom in her own home that last month, her condition caused a chronically high carbon dioxide concentration in her system, which led to confusion and other symptoms. And according to her doctor on her admission to the hospital in 2004, all of the calories that she was able to take in went to the effort it took for her to breathe.
In her last years of life my mother hardly ever left her property. It was difficult to even get her to go to doctor appointments. My one sister who lives nearby went over the mountain every evening after work, taking over groceries and making dinner for Mom. This was the situation until Mom's readmission to the hospital in spring of 2007, and until I moved in with her until she died about a month after her release.
We need to know what we have to do - failing finding even a semblance of a will - to make the property ours so we can legally made decisions about it.
Thanks for reading, and any assistance. It is greatly appreciated!
1 Answer from Attorneys
When there is no will, Pennsylvania intestate succession law sets out a priority among degrees of relatives. The estate must still be administered, by having the Register of Wills appoint a personal representative who will be responsible for determining all debts and all assets, paying taxes, and then distributing what remains according to the law. The process is the same whether or not there is a will, the only difference is that a will says who will get what, and if there was no will, the law says who will inherit.
You all may want to consider what you would like to do with the property after the estate has been administered to the point where the property may be deeded. You may have a written family agreement about how it will be maintained, expenses paid, when it may be used by whom, etc. Or, you may all decide that the property should be sold and that the proceeds be divided among you.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
