Legal Question in Wills and Trusts in Pennsylvania

My mothers older sister passed away in 2010, I was her POA and caregiver. She lived with me for the last 4 years of her life. Her husband passed in 1993, and they never had children. My mother and the youngest sister were her heirs. Mom passed away a year before my aunt, leaving the younger sister sole heir but she is alzheimers, her son is her POA. The son took the CD's that were POD to his mother, but refuses to open the estate. My aunt's house has no fire insurance as I was paying it until 2012, along with the property taxes that are now behind. The house is still in my late aunts name, is there any way for me to get the house after 4 years?


Asked on 2/20/14, 6:22 pm

1 Answer from Attorneys

Powers of attorney end at death. So the fact that you had power of attorney is meaningless.

So aunt died in 2010; aunt's spouse predeceased her and aunt had no children. Did aunt have a will at all? If not, assuming aunt's parents are dead, then aunt's siblings would inherit her probate assets. Payable on death accounts are non-probate assets. What probate assets did aunt have at the time of her death? If there was no will, then those assets would be split 50/50.

You indicate that your mother died before your aunt, so your mother is not an heir if there is no will. Rather, you and any of your siblings would step up to inherit your mother's share of your aunt's estate. So the younger sister is not the "sole" heir. The younger sister is only entitled to a 50% share (assuming there were only 2 sisters of your aunt).

Why were you paying fire insurance after the aunt died? This was dumb. Why does the son have to open an estate for the aunt???? Anyone can probate an estate for the aunt. The personal representative is either the person named in the will (if there is one), any next of kin or anyone else.

You do not know what you are doing here. I suggest that you see a probate attorney who practices in the county in which your aunt lived prior to her death. Let the probate attorney review the estate file (if any) to see what has been done or whether there even needs to be a probate after this much time. Assuming there are no debts in the estate then your mother's children and aunt's younger sister will split the assets 50/50. If you want the house then you need to buy out the share of everyone else. Then, when the house is in your name, you can pay the taxes and fire insurance. To the extent that you have paid these things solely (even though the other heirs should have contributed) then you may have a claim for contribution for these things. To the extent you paid more than your fair share, you might want to deduct this sum from the value of the other heirs' shares so that you will have to pay them less.

What is the value of the home? Is there a mortgage or is the home owned free and clear? Do you even want the home? If you cannot afford to buy out the shares of the other heirs and if nobody wants the home, then I suggest that it be sold and the heirs all split the money. If nobody wants to sell or buy out the other, then I would see a real estate litgation attorney (assuming that no probate is necessary) and ask about a partition action. In a partition, unless the parties can reach an agreement, the land will be sold to the highest bidder at the sale and the proceeds will then be split among the heirs.

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Answered on 2/20/14, 10:07 pm


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