Legal Question in Wills and Trusts in Pennsylvania

inheritance

sister #1 get primary residence

sister #2 gets income producing property...both split everything else equal QUESTION : how is this split to be fair to both


Asked on 5/02/09, 5:22 pm

3 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: inheritance

You have not said if there was a will that directed that division of property, or if the heirs made that decision.

If that was the provision in the will, it is not a question of "fair", because it was the right of the deceased to leave property however s/he wanted [with some exceptions such as a spouse's rights].

If the 2 sisters are the ONLY heirs and there was no will, the estate still must be probated and administered. The sisters could then have an agreement between themselves as to how the property is divided.

They may want to consult a lawyer in the county where the estate should be probated.

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.

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Answered on 5/03/09, 10:47 am
Michael Berman Law Offices of Michael A. Berman

Re: inheritance

It sounds like informal appraisals would be a good place to start, followed by a carrying cost analysis.

Feel free to contact me with any further questions.

Mike

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Answered on 5/03/09, 4:31 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: inheritance

You could either have an appraiser evaluate both properties and the person who gets the more valuable property pays one-half of the difference in the value to the other. Or if you can't decide, put them both up for sale and split the proceeds evenly.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with an attorney who practices estate law in your geographic area for a full consultation before you take any further steps. Good luck! Rob Gleaner

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Answered on 5/02/09, 5:27 pm


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