Legal Question in Wills and Trusts in Pennsylvania
Selling Estate Property
I am the executor of my father's will. He left everything and the estate to my mother. The only item that is in the estate is a piece of real estate (In my father's name only on deed). My mother doesn't want the land. Do I have the right as the executor to distribute the land to whomever I want since I am the executor and if so is there a form my mother needs to sign to give up right to the land?
1 Answer from Attorneys
Re: Selling Estate Property
Your mother would fill out what is called a disclaimer, disclaiming her interest in the property. However, if your mother disclaims her interest, it then gets distributed under the will as if your mother predeceased your father. So whomever is named as the contingent beneficiaries under the will, would then receive the property. You as the Executor may have the right to sell the property, but the proceeds would be distributed to those individuals named in the will.
I do give free consultations so if you have any adiditional questions, or if you would like me to review the will for you for free to determine who would receive the proceeds and what your duties and obligations are with regards to the estate as a whole, feel free to contact me at 412.963.8495 or [email protected]
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