Legal Question in Wills and Trusts in Pennsylvania
To continue with my previous question - sorry for not enough detail. My husband's father passed away 2 yrs ago. He had severe dementia. No one could find the will. He had told my husband years earlier that he and the oldest sister were executors of his will and everything would be split 5 ways. Mother and youngest sibling (of 5) lived in residence. Sibling is single and unmployed for 10 yrs now. We assumed Mom got everything--she favored the youngest child (who is 53 now). Wouldnt let other childfren near her finances or paperwork. Actually the father took care of all fianances and after his death did she find out he owned another property. Recently we found out she wrote up her will naming the youngest as sole heir of everything and her POA. Mother passed away in Jan. There was a lot of anger and resentment within the siblings. My husband resolved his feelings and started helping his brother clean up all the mess left behind. Parents were hoarders and left a lot of bills. Remember brother has no job. They tried to sell second property. No buyers--it was a mess. My son offers to buy the property; they agree on price; waiting for closing. Last week the brother reveals to my husband the property is his deceased fathers name only and his lawyer suggests he sign a paper renouncing his rights. Apparently they have deceased fathers will which in fact shows my husband as executor. My husband refused and communications have broken down. Can that lawyer hold that will? Shouldnt my husband been the first one to have it? My husband believes its the lawyers duty to contact him. So cofused. Thannk you.
1 Answer from Attorneys
Was an estate ever probated for father even though his will could not be found at the time of his death? If so, then the estate could be re-opened. What did father's will say about who gets any property?
Father's property that is a probate asset will pass as per his will. If the property is not specifically mentioned then it will pass as per the residue clause in the will. If the will was drafted by a competent attorney there will be a residue clause. Failing that, then the property will pass via state intestacy law.
You do not indicate where father and mother lived at the time of their deaths and that matters. In most states, intestacy law says that assets pass 1/3rd to spouse and 2/3rd to all children.
To recap, if father's will says the property goes to a named person or persons, they now own the property. An estate may need to be probated for father if it was never done because there are bills and bills must be paid before heirs get anything. If need be, executor of father's estate can sell father's land and use the money to pay his bills.
If father's will leaves the land all to mother as part of the residue, your husband does nothing. He should not need to sign anything. If, as is probably the case, the will is silent, then the land is owned 1/3rd by mother and 2/3rd by your husband and the other 5 siblings. Since mother is dead, her share passed to the youngest sibling who now owns 1/3rd plus his 1/5th share of the remainder.
Your husband should not renounce anything. He needs to go and consult his own probate attorney who practices in the county/state where the estate for mother is or will be pending. The lawyer who holds the father's will can be compelled to turn it over. An estate can then be probated for father if need be. The lawyer can also assist father in selling his share of the property if any of the siblings want to buy him out. Under no circumstances should your husband sign anything though without having the papers reviewed by an attorney.
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