Legal Question in Wills and Trusts in Pennsylvania
My mothers will was settled 10 years ago. Except the deed to her house was left to the four children. With our names being on the deed. One of the children were aloud to stay in the house as long as she wanted to and the house would be sold if she didnt live there anymore. Well she died and now were left with the house. Her husband still lives in the house. I was the executor of the will and the deed. How do we go about selling the house and kicking the husband out. And am I still considered the exucutor?
1 Answer from Attorneys
I have no idea what your mother's will said or whether your sister died with a will. I also don't know what you are the executor of - your mother's estate? Your sister's? Both?
If your mother's estate was settled, then it was closed and if you were the executor, you would be discharged from your duties. You can do nothing as the executor of your mother's estate unless the estate was re-opened and I see no reason to do that here.
If your mother's estate left the home to the 4 children as tenants in common, then all the children would own the house equally. There was no right in the part of your sister to stay in the home unless the other 3 siblings consented.
When did the sister die? Did she have a will? If so, what does it say about the sister's share of your motther's property? If the sister had no will, then the sister's share went to her husband and children, if any under the state intestacy laws. In such case, if you want the husband out, you and your other siblings will have to buy out the husband and children's share.
If you and your siblings owned the land as joint tenants with right of survivorship (look at the deed - it has to contain magic language indicating a joint tenancy with right of survivorship), then and only then would you and your siblings have inherited your sister's share. In such case, your sister's share would not pass as per her will or via intestacy and you could kick her husband oout.
I suggest that you and your siblings go and see a real estate attorney in the county/state where the land is located. Bring along a copy of your mother's will and deed. Pay the attorney to review and apprise you of your rights and responsibilities.