Legal Question in Wills and Trusts in Pennsylvania

You leave out a lot of information. Was an estate probated for your mother? Who is the personal representative if so? Did your mother have any other living children or grandchildren besides you? Are there debts in the estate? Is the home mortgaged?

The answers are going to dictate what happens next. If you are the only child, then of course you can stay in the home. If the home is mortgaged, you will have to keep paying the mortgage. But what about other debts? The heirs cannot keep the property and not pay the bills.

If there are other siblings, then they too would have a share of the house. If you want the house, then you will have to buy out the share of the other children. Even if the home is paid for, you do not have a right to stay in the home rent free. There are still expenses - taxes, insurance and maintenance. If you cannot afford to buy out the share of the other siblings and if they are agreeable, then you should at least have some kind of written agreement under which you can live in the home and will be solely responsible for the taxes and so forth.

You do not indicate whether an estate was probated and, if so, who the personal representative would be. While land would pass to the heirs, if an estate is probated, the personal representative has some control while the estate is being administered. You will need to obtain permission to remain in the home from the personal representative if that is someone other than you.

I think your best bet may be to talk with a probate attorney in the county/state where your mother lived prior to her death. If no estate has been probated yet, you may want to do that. If it has been probated, then you may need an attorney to assist you in dealing with any other siblings or the personal representative.

Her estate still has to be probated and administered. Do you have siblings? Do they agree who should be the administrator of the estate? Debts, including income and inheritance taxes, have to be paid before the heirs may receive their shares of the estate, if there is anything left after payment of all debts. The house may have to be sold to pay those debts.

How was the house titled? If it was owned by Mom and another person, the type of ownership between them will affect what happens to the home. If it wasn't titled in Mom because it has been a family home for a long time, previous estates have to be probated so that title will pass through whatever estates exist between the legal owner on title into Mom's estate.

If the house is still part of the estate assets after payment of debts, it would be up to the siblings agreeing on how the house is to be divided: to sell it and share in the proceeds? to sell their respective shares to you?

Don't forget, if Mom had a surviving husband, he also has a right to a part of the estate.

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.