Legal Question in Wills and Trusts in Pennsylvania

My husband named my stepdaughter and I as coexecutors. My husband will states he hereby give and bequeath his real estate situate known as 8519 to his wife for her use and occupancy during her lifetime without bond provided. In the event my wife fails to survive me by 30 days I then give to my daughter. Ive lived over 30 days. Can I have the deed transferred to my name

Asked on 1/13/17, 8:24 pm

2 Answers from Attorneys

Rachel Hunter

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No. You only have life estate in the property. That means you can use and occupy the land for and during the remaining years in your life, ,but you cannot sell or do anything else. The part you cite is a survivorship requirement. But that does not mean that you own the property. Being a co-executor also gives you no ownership rights. it just means that you have to jointly administer the estate for your deceased husband. Frankly, having a co-executor is not a good idea unless the two people can agree all of the time on everything related to the estate. It would be better for one of you to renounce/resign.

I suggest that you consult with a probate attorney who can actually review the will and see if there is any way to challenge it if it does not make adqueate provision for you.

Answered on 1/13/17, 10:10 pm

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