Legal Question in Wills and Trusts in Pennsylvania
My grandmother passed away recently. She has a house and property in Pennsylvania that was owned free and clear to her. My uncle is acting as the executor to the estate and lost her will. My father had to sign some papers i assume to let my my uncle act as the executor. My uncle is not interested in the property since it is in rather bad shape but I (grandson) am. My uncle wants to let me inherit it. It is going to probate. Is it possible for me to inherit the place? If so can i live there during the process(to make sure it doesn't fall into further disarray)? I understand that i will be responsible for inheritance tax and such. I worry that this could be a very long and drawn out process if at all possible and i worry about the place sitting empty. Any thoughts or advice would be greatly appreciated.
1 Answer from Attorneys
It's not clear whether a copy of the will was found. It is possible to probate a copy of a will, if certain requirements are met.
If no original or copy of the will can be found, the estate is administered under "intestate" law. A close relative may act as the administrator or personal representative of the estate. Your father should check the paper he signed to be sure that it was about his right to act as personal representative and not anything else.
Intestate heirs are first, surviving spouse, if any, and then children of the deceased. If everyone in the family agrees, your family may have a "family settlement agreement" in writing, allowing you to inherit the house - and dealing with any other agreements among you about who will receive what. Before anything can be distributed, all debts and taxes must be paid, and if there are not enough liquid assets, the house may have to be sold to satisfy those debts and taxes.
If everyone agrees, you could live in the property before the estate is settled. As you point out, vacant properties are more at risk than occupied ones.
It need not be any more drawn out than any other estate administration.
Your family may need the assistance of an estates lawyer to navigate the probate and any family agreements, as well as properly administering and retitling assets in the estate. An estates lawyer in the county where your grandmother resided should be consulted.
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.
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