Legal Question in Wills and Trusts in Pennsylvania

how long do you have to switch over a house that your mother left you when she past'''


Asked on 3/21/12, 5:35 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Title to the house can't just be "switched over" to anyone.

If your mother had a will AND the Will left the house to you AND her estate was probated AND administered, the executor had the right to deed the house to you.

Without a will, the estate would still have to be probated and administered, then it would be divided among the legal heirs according to the State statute governing intestate decedent's assets.

In either case, only the personal representative (Executor or Administrator) appointed by the Surrogate's Office, has legal authority to sign a deed to transfer title of the property.

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 3/21/12, 7:28 pm

I'm not entirely sure what you are asking here. Was an estate ever probated for your mother? Is there a will? If a will, then the property goes to the beneficiaries named in the will. If there was no will, then the property goes to the heirs designated by the intestacy laws (usually to the spouse and then all the children of your mother or her lineal descendants; if none, then to siblings (I assume your grandparents are deceased)).

Was the property owned by anyone else or solely by your mother at the time of her death? If owned with someone else, was it a joint tenancy with right of survivorship? If you don't know, get a copy of the existing deed. Unless it has the magic words "joint tenancy with right of survivorship, its a tenancy in common). If a tenancy in common, then only your mother's portion of the land would pass through probate and the other person or persons would still own their share. If a joint tenancy with right of survivorship, then the land passed automatically at death to the surviving person or persons

Although your post contains no relevant details, are you asking some other question? Are you trying to put the home in your name? Many people here where I live simply do not ever probate estates. If that is your situation, there is no time limit to deed the property to anyone. It just simply stays in the name of the deceased owner. If the property is mortgaged, whatever family member wants to live in the home must keep paying the mortgage and taxes. If the property is ever sold, then all of the heirs or beneficiaries will have to sign the deed.

This s not the proper way to handle things however. The executor needs to probate the estate and should give the beneficiary of the property an executor's deed as noted by Attorney Jacobson. I don't know where the land is located, but generally the estate is probated in the county/state where your mother resided at the time of death. If this is Pennsylvania, you need to talk with the Register of Wills at the Orphans' Court. The probate court goes by other names in other states (its called the Surrogates' Court in New York and the probate court down in Georgia and North Carolina).

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Answered on 3/21/12, 11:52 pm


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