Legal Question in Wills and Trusts in Pennsylvania
My grandpa passed away 10 years ago and my grandma shortly after him, neither had a will. The house they lived in has sat empty for all those years. I am now interested in obtaining the house. The name on the house is my grandpa. Together they had 9 children, none of them want the house. My question is how do I go about becoming the legal owner.
2 Answers from Attorneys
Both of the estates must be probated. When there is no will, the law provides the order in which heirs inherit what is left after paying debts and taxes [on each estate]. The children you refer to may not be the only legal heirs.
Once both estates have been probated and the debts and taxes paid, the Administrator of your grandmother's estate may transfer title of the house. If the 9 children are the only heirs, they may agree in a Family Settlement Agreement that their interests in the house go to you. However, depending on their degree of relationship with you, there may be transfer taxes due on some or all of their 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.
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After this much time, probate may not be necessary. I would suggest that you see a real estate attorney. Each of your grandmother's children would be entitled to a share of the land. If they do not want it, then you would have to buy out their share unless they are willing to convey it to you. It does not matter that the home is in your grandfather's name. When he died, it would have passed to your grandmother and the children. When your grandmother passed, then her interest would also have passed to the children.
If none of the children want the house, who has been paying taxes since the death of your grandparents? It would be starnge for a child to pay taxes on land that he/she does not want.
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My father died and who is responsible for his debt? Asked 9/22/12, 11:07 am in United States Pennsylvania Probate, Trusts, Wills & Estates