Legal Question in Wills and Trusts in Pennsylvania

yes hire an attorney to review the matter for you.

I am sorry for your loss. It is always difficult for a parent to be the one to pass after a child.

Unfortunately, you do not indicate the relevant details. When did the death occur? Where did the child live at time of death? Where did the child own the land? I assume the child was an adult, but how was the land titled? What's it worth? How much approximately is owed on the house? Was the child married and did he/she have a living spouse? Did the child have any children of his/her own and if so how old are they? Did the child have a will? Is an estate probated for the child and if so, who is the personal representative? What other assets and debts did the child have and how were they titled?

The answers will dictate what you do. It matters not whether there was money in the bank. Nobody can access it if the account was solely in child's name until a personal representative is appointed for the child's estate. The bank will then turn over money to the estate. You indicate land was owned and mortgaged. How was the land titled? Obviously if there is a foreclosure then the mortgage is not being paid. Who will inherit the land and why are they not paying? What was your relationship with the dead child? Did you maintain a relationship? Pay child support when the child was a minor?

I suggest you consult a probate attorney who practices in the county/state where the child owned land and lived prior to his/her death. Before you do, you need some information. First, see if an estate has been probated in the county where the child lived or owned land. If so, make a copy of the estate file and note the name of any executor or the estate attorney. Check the real estate records where the land is located. They will list all real property owned by the child and have information pertaining to the mortgage. Take the information to the probate attorney and pay the attorney to review for you.

From your post, I gather that you and the other parent are divorced and that the child probably was not married, did not have children and did not have a will. Assuming these facts to be correct, then what will happen is that you and the other parent will divide the child's net assets assuming there is anything to divide up and barring any other factors creating a forfeiture of inheritance.

Of course, this assumes their will be any assets. Land, if owned singly by the child, will pass to the child's heirs. But what is the land worth? If it is mortgaged in an amount equal to or more than its value, it makes no real sense to do anything but call the lender to start foreclosure. If the land is worth substantially more than the mortgage, that is a different issue. In that case, arrangements need to be made with the lender to stop the foreclosure. What other debts does the child have though? If the child only has debts and little in assets, claims will be paid in order of priority. How much money is in the bank approximately? Is there enough to cover the child's funeral or more? It is only after all creditors are paid that the beneficiaries/heirs can inherit, other than any family exemption (which is about $3500 if the child's estate is in PA).

Once the probate attorney reviews the documents and the applicable inheritance law and list of potential heirs and debts assets, the attorney should have a better idea what is going on. If an estate is probated and you are entitled to inherit, your probate attorney can monitor the process if you stand to inherit from the estate. If no estate has been probated then you can apply for probate and obtain access to information. If the other parent is the personal representative and is not fulfilling the job properly then you can seek to remove the other parent too.