Legal Question in Wills and Trusts in Pennsylvania

My sister and her husband died - I have mortgage and deed to house. I have their deaths certificates.

Do I have "Possession" of the house ( 9/10's of the law) of does the bank that the mortgage is with have rightto the house? House is still in deceased names. They left no will.


Asked on 8/12/10, 10:23 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

The expression that "Possession" is 9/10ths of the law: is a myth.

If the house was titled in your sister and brother-in-law, the house goes according to their will or if there was no will, according to the "intestate" law. The mortgage is still due and payable unless there was mortgage life insurance.

If you mean that the house is in your name, the mortgage would still have to be paid. Your question is not clear as to who owns the house and who is on the mortgage.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/17/10, 11:30 am

My condolences for your loss.

If there is no will, then their assets would pass via intestacy. The preference is that the land would pass to their children, if any. If there are no living children, are there any grandchildren? If none, are the parents of the sister and her husband still alive? If not, then husband's assets pass to his siblings and your sister's assets pass to her siblings. If you are the only sibling, then lucky you as you get 1/2 the house. Husband's relatives have the other half. If you want the house, you need to track them down and buy out their share.

If all this is too much work, I suggest that you find a probate attorney in the county/state where the land is located and where your sister and her husband lived at the time of her death. The attorney will be able to determine what assets exist and who are the heirs. The house may have to be sold to pay the bills, but the attorney can better help you.

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Answered on 8/17/10, 7:59 pm


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