Legal Question in Wills and Trusts in Pennsylvania

My mother and her life partner are deceased. She died first, therefore, he lived in the home they owned jointly. By the way, it was paid off. He died recently. According to the lawyer that prepared all of their legal documents, such as their wills, their wills were "identical". Now since he gone, his son states his fathers will says the house is to be sold and split amoung the fathers 5 children, not me and my brothers. I have tried to contact the lawyer that is handling this, but his secretary is the one who says that this is true. And by the way, my mothers will stated that if she survived after he passed, that when she passed away the house would be split between his children AND me and my brothers. What should, or what can I do? I am my mothers executrix


Asked on 12/02/10, 9:51 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If the deed and legal title to the house provided (mother) and (life partner) as joint tenants with right of survivorship [sometimes written JTWROS], if she died first, the house did become the property of the life partner. It thus became his to leave to his heirs or whoever he wanted to own the house after his death.

As executrix of your mother's estate, you were responsible for administering her estate.

If your mother's life partner had died first and she had survived, the property would have been hers to leave to whomever she wanted as stated in her will .

Even if her estate has been administered, that would not change the ownership of the house and how it would be disposed of.

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 12/08/10, 9:16 am


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