Legal Question in Wills and Trusts in Pennsylvania

My maternal grandparents owned 80 some acres of land. My mother, father, I and 2 siblings moved onto the property in 1991. We put a well and septic and a mobile home in. Several other families live there also. When my grandparents died, the will states it is to be left to heirs. My mother is deceased now also and I had continued to live there and pay shares of the taxes till November 2013. Now we were fixing my mobile home for my sister to move into it. 2 of my uncles were named executors I would guess 12-15 years ago. They have never done anything as far as inheritance tax or anything like that. They have just "ruled" over everything. Now because of a dispute with another grandchild that lives there, they are stating my sister cannot move into my mobile home. Is this correct?? Can they legally do this??


Asked on 3/18/14, 7:13 am

3 Answers from Attorneys

Glenn Brown Real World Law, P.C.

You don't need speculation. Hire a local attorney to advise you and review the documents.

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Answered on 3/18/14, 7:38 am
John Davidson Law Office of John A. Davidson

The short answer is no. The long answer is the executors thought it in the best interests no to probate the estate. Saves on lawyers, filing fees taxes and as you say they get to rule. Add to that all the various other families that lived there I see a pile of title issues as well.

You will have to have the will probated and followed. That will cost $$ in taxes, filing fees, legal fees. However, if you don't the title will never clear.

{John}

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Answered on 3/18/14, 8:10 am

There are lots of issues here. You will need to go and see a probate lawyer who practices in the county where the land is located since that is probably where your grandparents and mother lived at the time of their deaths.

You will need to know who died first and when and whether they had a will.

After this much time, a will might not have to be probated, but inheritance taxes are going to have to be paid. If the grandparents left the property to their "heirs" then the heirs would be the surviving spouse and children. If any of your grandparents' children died before your grandparents, then heirs would include grandchildren. If your mother or other children died after your grandparents, then your mother's share of the property would pass as per your mother's will, if any. If none, then her share would pass to her husband and children under the intestacy laws.

The other problem is that if your grandparents just left the entire 80 acres to their "heirs" then the heirs would all own the property. If this includes grandchildren, it becomes a nightmare for this many people to own land. Disagreements arise as you have found out.

If the land is owned by all of you then your uncle cannot keep out your sister. It would be better if the land could be subdivided among all the heirs or those who want the land can buy out the share of those who don't. Either way, you are going to need to see a probate lawyer (if anything needs probated) or a real estate lawyer.

And how were your uncles named? An executor is not in charge just by being named in a will absent a probate petition being filed. Your uncles were only allowed to rule because the other siblings let them. If the uncles did not probate an estate the other siblings could have compelled the uncles to file wills and if the uncles did not wish to serve then the court would appoint a new administrator if no successor was named in the will.

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Answered on 3/19/14, 9:37 pm


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