Legal Question in Wills and Trusts in Pennsylvania

My fiance died 6 months ago. He had no will. Our home was in his name and unfortunately not paid off yet. I am not named in any of the home owner paperwork.The bank and their lawyers are telling us his mother will have to sign papers to become executor of his estate and sign the house back to them so they can then sell it to me. What are the laws in Pennsylvania regarding this kind of situation?


Asked on 4/28/15, 3:38 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Condolences on your loss. Unfortunately, without a will and without any documentation that you have an interest in the home, you would have to purchase the house.

Under PA intestate (meaning without a will) law, his mother or another close family member has the right to administer the estate. Someone must go to the Office of the Register of Wills with an original death certificate and seek appointment as administrator to open the estate. That begins the process.

If the bank wants to sell the house to you, you should get a lawyer to assist you with documenting an agreement with the bank. You should have legal representation in this situation in any case to protect your rights and interests.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 4/28/15, 7:42 pm
ANDREA G. TILLIS Law Offices of Andrea G. Tillis

Please accept my sincerest condolences on the passing of your fianc�.

I must agree with everything my colleague has included in her answer. Given the fact that you had not yet married your fianc� and your name was not included in the title to the real property in question, you would be doing yourself a tremendous injustice if you did not retain the services of an Attorney to represent you in the situation you described.

Kindest regards,

ANDREA G. TILLIS

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Answered on 4/29/15, 6:10 pm


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