Legal Question in Wills and Trusts in Pennsylvania

Actually, the chain of title starts with your grandfather. I assume that your grandmother and grandfather were married. Since no one changed the deed from your grandfather to your uncle's name, your grandfather's estate still owns the property. The next in line would be your grandfather's children (including adopted children, and children born out of wedlock, and those children who have passed away). All those children now own a share of the property, collectively.

Of course, if your grandfather had a will, and specifically gave the house to your uncle, then your uncle owns it. If that is true, then your uncle's wife and all his children (alive and deceased) now own an equal share of the house, collectively.

To fix this situation, so that your uncle's wife can own the property, someone will have to probate your grandfather's estate. Hopefully, every one in your family is getting along, and will sign the necessary waivers. If that is so, then the house can be transferred quickly without much drama or costs. However, if anyone contests whether the wive or the daughter should inherit the property, then a judge will have to get involved. Your first step, is to go to the Register of Wills in City Hall on the first floor. Tell the clerk you want to probate your grandfather's estate. Your probate clerk, will help ask you all the necessary questions to figure out the chain of title. She will ask for a copy of the deed and any wills, and a list of all his assets.

I recommend hiring an attorney, if anyone in your family contests the inheritance. We can help you if you want help. We handle these kinds of "tangled titles" often. Otherwise, I wish you the best of luck. And share this advice with your family members...this situation could have been avoided if everyone had a will. Draft and sign a will today.

Sharmil McKee

Attorney'

215-242-5260