Legal Question in Wills and Trusts in Pennsylvania

There are many questions that would have to be clarified in order to respond to your inquiry.

How was the house titled? This would help determine if the house was part of his estate.

If you were named the executor and you probated [filed] the will and were appointed by the register of Wills as the executor, how was your sister able to replace you as executor without your receiving notice and having an opportunity to respond? Did you receive notice but fail to answer it?

How did your father dispose of his interest in the house, if it was part of his estate?

"City Hall" cannot remove anyone's name from title to a property, only the owner can, by deeding it to the buyer or other person legally entitled to own the property, or through foreclosure by a creditor, lender, or a governmental authority with a lien on the property.

You cannot legally be put out of the house without someone going through the legal process, of which you would receive notice and have an opportunity to defend your right to live there.

You should consult with an estates lawyer who would have to review all of the documents in order to advise you of your rights.

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.

You do not provide us with enough information, as noted by Attorney Jacobsen. City Hall does not remove you from a deed, but if the land is part of the estate, the personal representative (also called the executor) may be obligated to sell the land and use the proceeds to pay any valid claims against the estate. You will then get any excess, depending on if your name was on the deed.

I do not understand how your sister became personal representative if you were named as the primary executor. Did you probate your father's estate? Fail to perfrom your duties as executor?

You say the land was owned by you and father. How was the land owned? Was there a right of survivorship? If os, the land might have passed to you automatically at death. If owned as tenants in common, then only half of the land can go into your father's estate if you each owned 50%. Or deed specify a different percentage?

Assuming you are a tenant in common, you might be able to buy out your father's half and give the money to the personal representative.

My advice would be to seek out a probate attorney in the county/state where your father lived at the time of his death. Since you claim that your sister has taken over, there must be an estate file. Copy the file from the court. It will cost money, but you need to do this. Take the will, if any, the court file, and a copy of the deed to a probate lawyer to see what can be done.

I don't understand how you can do anything at City Hall. In PA, the probate court is called Orphan's Court and that is where the file is located. Other states may call it surrogate's court or probate court.