Legal Question in Wills and Trusts in Pennsylvania

Here's the issue...

We have a property in which two parties (father and daughter) were listed as tenants in common. One of those parties passed away (the father), with no will, and his portion of the estate transfers in equal to his four children.

The estate has not been settled yet.

So we're left with the daughter #1 controlling 5/8ths of the property (her original half plus 1/4 of the father's portion) and the other children each controlling 1/8th.

I have a signed POA from each of children, granting me control of their property in order to sell the home.

Is there any reason I would have to wait until the estate is settled for selling as long as the value of the home is covered in the estate / estate taxes are paid?

Thanks,

Chris


Asked on 6/11/16, 7:10 am

1 Answer from Attorneys
Rachel Hunter

Chris,

Have you talked to the personal representative of the estate? Is there enough money in the estate to cover any claims and the inheritance taxes that have to be paid? Your post seems to suggest that there is. You will need to involve the administrator of the estate. The property can be sold, but the proceeds from the father's share should go into the estate and then get distributed when the estate is ready to be closed unless the administrator gets a signed receipt and release authorizing the early distribution.

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Answered on 6/13/16, 2:27 am


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