Legal Question in Wills and Trusts in Pennsylvania

Re: Recording Deed after will is probates

I concur with Jon that this seems suspicious, but may be innocent. What was the sale's price in relation to true market value? Was the Buyer a relative of the decedent? If the Deed was recorded after the probate, it might be that the house is still part of the estate based upon recording date, but could also be determined to be out of the estate by its date before the date of death. Is the purchase price included in the inventory/accounting of the estate (e.g., by a bank account, CD or other investments)? The house transaction could be presented to the Probate Court or other local Court for examination by someone contesting the legitimacy of the transaction. This would require a suit to be brought raising the question and presenting all facts. If there is a valuation question, you would need appraisals to show the transaction is questionable. You might also claim undue influence if the Buyer were a relative and the deal was for below market value. You might also claim breach of fiduciary duty to the estate since the Buyer is an executor. This is a very complicated issue. You must act fast to raise the questions so you are not out of time for this type of suit.

Re: Recording Deed after will is probates

This sounds very strange. Normally, the deed would have passed title and the house would not be part of the estate. However, I can't imagine if this was a true "sale" why the 'buyer' would not want to record the deed ASAP. It looks like he/she may have been hiding the 'sale'... That and the fact that he/she used a deed from a stationary store seems very odd to me.

It's possible that it's all very innocent or was done by someone who didn't know what they were doing, but this may be a case of undue influence (or worse) and should be investigated. You need an attorney.