Legal Question in Wills and Trusts in Pennsylvania

You actually need representation in this matter. I have an office in Delaware county and would be delighted to talk with you.

You do not indicate any of the pertinent details. Since you indicate you were left the house, then I assume there must be a will. In such case, who is the executor? Where is the estate being probated?

Heirs/beneficiaries generally take subject to the mortgage and if you and your brother were devised the house then you both need to contribute to the mortgage and you would have a claim against your brother for payments over your fair share. But you are living in the home rent free and he is entitled to 1/2 the rental value. These may offset - rental value would be determined by what similar places would do for in the area where the property is located..

But before we get to who reimburses who, before the heirs get anything, creditors have to be paid. What other assets are in the estate? What other debts? Has the executor already made a distribution to you of the property? If not, then who is selling the home? Is the executor party to any sale? What will happen to the proceeds?

I would agree with Attorney Brown that you need to consult with a probate attorney who practices in the county/state where the estate for your mother is being probated. If you do not have an attorney and you are the executor, then you definitely need to consult with one.

If you are a beneficiary, you still need to consult with an attorney as I don't quite get why you are allowed to live in the house rent free but paying mortgage and taxes if there has been no distribution of the property to you and your brother owns 1/2 the house.