Legal Question in Wills and Trusts in Pennsylvania

Re: Action not taken on probated will.

I agree with the information provided by Ms. Jacobson. My firm is in the western part of the state. Should your wife wish to proceed and if the property is our area we would be happy to speak with her to go over her options.

Brandon Barnett, Esq.

412-916-1677

Re: Action not taken on probated will.

Your question was:

My wife's sister died 4 years ago. She left a will leaving her half of property owned jointly by my wife to her heirs, son 1, son 2 and her husband. Her husband never changed the deed to include the 2 sons as owners. What can my wife do to assure that the 2 sons get their share?

If the property was owned jointly by your sister-in-law, her ability to "will" it to someone depends on the nature of that joint ownership.

If the property was owned by her and her husband as "tenants by the entireties", the property automatically became his upon her death and is not part of her estate, nor can it be given to anyone else under her will.

If she owned the property as "tenants in common" (that means not as joint tenants with right of survivorship), then she could "will" her undivided interest to others. A deed should be signed by her personal representative conveying her undivided interest to the persons named in her will, and that deed should be recorded to transfer her interest.

Was her will probated (filed with the Register of Wills for the County where she lived)? Who was appointed her personal representative/executor? That person is responsible for administering her estate, including paying the deceased's expenses and debts, filing necessary income tax and estate returns, and then distributing remaining assets as directed in the will, provided that there are sufficient assets left.

Any reports that were filed in the estate can be seen at the Register of Wills' office.

Beneficiaries are also usually asked to sign an agreement based on an accounting of the estate administration, or, if no such agreement is entered into with the beneficiaries, they have the right to receive a formal written accounting and to object to it.

You may wish to consult an estates lawyer in the county where the estate is being administered.