Legal Question in Wills and Trusts in Pennsylvania

Wife and siblings are 50% owners of Aunt's property as a result of mother's passing. The deed on the property was originally filed as joint tenancy not joint survivorship. Aunt has reqested renunciation of administrator of Estate from the siblings to her so she can transfer 50% back to her. ( If the deed was procesed properly originally none of this would be happening.) Another issue is that one of the siblings whereabouts is unknown. Will this affect the outcome?

Question will this simple letter of renunciation enable the aunt to transfer the property deed back to her name in entirety, and at what cost.


Asked on 4/13/11, 6:20 pm

1 Answer from Attorneys

I am assuming that your mother resided in PA and that the estate will be probated there.

Renunciation has nothing to do with property transfers. Renunciation just relinquishes the person's right to serve as executor or administrator of the estate.

I do not understand about the property - are you saying that your wife's mother and her aunt owned property as a joint tenancy without any right of survivorship? In that case, 1/2 of the property would belong to the aunt and 1/2 of the property would belong to your wife and her siblings, since your wife's mother is deceased.

Regarding the missing sibling, there are missing heir services out there. They can locate the missing sibling. If not, after they have been gone, there is a mechanism for handling missing heirs. Usually their share of the inheritance is paid into court or the state treasurer.

Who has requested transfer of the 50%? Why would your wife and siblings agree to transfer their 50%? The aunt can buy their share if she wants it. I don't care if a mistake was made, but your wife and sibling should not give up their share without payment. There are going to be gift tax consequences if either owner gives away their portion.

Your wife needs to speak with a probate/real estate lawyer who can review your wife's mother's will and the deed to the property before your wife signs anything. If your wife signs away her share and aunt gets it all, then aunt can do as she wishes with the property.

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Answered on 4/13/11, 8:21 pm


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