Legal Question in Wills and Trusts in Pennsylvania
My mother passed away in PA, she had nothing of any value, no money, no savings. Her house had a reverse mortgage so there is no property. Do I have to probate the will? How do I get the house turned over without costing me? Must I probate the will?
1 Answer from Attorneys
You should file the will in the county in which your mother resided at the time of her death. I don't know what you mean about getting the house turned over. To whom? Its subject to a reverse mortgage. You have about 6-12 months to try to sell it or refinance it. If you do nothing then the home will be seized and foreclosed on. If you want to sell the home then you would need to probate an estate and become appointed as the executor unless you are the only heir.
Are you the only heir? Are there debts in the estate? What is the home worth? How much is owed? Does it make sense to sell the home?
You should talk with a probate attorney who practices in the county where your moved at the time of her death. Failing that, talk to the register of wills. As I said, you would file the will, but you talk to the register to see if there needs to be an probate. If there is equity in the home and you want to sell it or if there are debts, then probate may make sense. However, if there is no equity in the home and no other assets, then it may make sense to do nothing and to tell the mortgage lender that they can have the house.