Legal Question in Wills and Trusts in Pennsylvania
a home that was willed
My mother and father bought--name removed--home before I was born where they lived together until their divorce. My father resided in the home and died in 1980. He willed the home to me which I took over in 1982 and have lived there since. The deed to the house only has my name listed when I looked it up at City Hall. Should my mother die is the home mine free and clear or if she has--name removed--will and her possessions listed will I have to divide the home with those in her will? I am the only child between him and her. She had two children prior.
1 Answer from Attorneys
Re: a home that was willed
If the home remained in the name of both of your parents after they divorced, your father was able to leave you only his 1/2 interest in the home. On the other hand, if as part of their divorce settlement, the house was transferred solely to him, then you could have inherited the entire house.
You do not mention who administered your father's estate and how title was transferred to your name.
If your mother's name remained on the title with your father's after the divorce, then upon his death, she still owned 1/2, and her heirs will inherit that 1/2 interest.
If she has a will, she could leave her interest to anyone or divide it among any number. If she does not have a will, her estate will be divided according to Intestate Succession: if she is married at the time of her death, her surviving spouse and you and her her other children will be her heirs.
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