Legal Question in Wills and Trusts in Pennsylvania
Assuming Ownership of Deceased Person's House
My father passed away recently. He did not have a will and did not name an executor. His house was fully paid off. His spouse is deceased, and he is survived by three sons including myself. We are in possession of the mortage and deed documents.
If all three if us are in agreement as to whom ownership of the house should be transferred, how would the ownership transfer be executed? Would it be necessary to have a lawyer manage the matter, or would a notarized statement signed by the three of us confirming mutual agreement as to the ownership transfer suffice?
Also, if there are any liens against the property, would such prevent a transfer of ownership or would the new owner assume the lien along with the property?
1 Answer from Attorneys
Re: Assuming Ownership of Deceased Person's House
The proper procedure would be to open an estate and have an administrator appointed. The beneficiaries can then make an agreement as to how ownership is to pass. However inheritance taxes are due. There are other possible issues as well. You would be well advised to speak with an attorney to review the situation. if you would like to schedule an appointment with my office then please contact my office.
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