Legal Question in Wills and Trusts in Pennsylvania
No Will or Name on Deed on the PropertyDIll Will
My brother in law was the executor of my father in laws will. The house was left to the six kids, but my brrther in law wanted to stay there, so he paid off the other 5 kids and purchased the house (so they could keep it in the family. He is now very sick and never changed any of the information from the deed over. The house is still in my mother and father in laws names. The will from my father in law was probated, but nothing ever changed over. Is it possible for the family to keep this home if my brother in law passes away? Would the state consider the original will from my father in law valid? There are also taxes owed on the property. There is no mortgage on the property.
1 Answer from Attorneys
Re: No Will or Name on Deed on the PropertyDIll Will
Was your mother in law still alive at the time your father in law died? If so, it is possible that she owned it, and the other kids did not own an interest. If she had predeceased your father in law, then your father in law's will would govern.
The administration of your father in law's estate should be completed, including transferring the house. If the executor is unable to complete the administration of his father's estate, someone else will have to be substituted as executor to complete the administration. This would have to be done by a petition to the Register of Wills or to the Orphans' Court.
If your brother in law is the sole owner based on his having bought out the interests of the other heirs, a deed should be signed and recorded, from him as executor and from him individually and from all of the other siblings, to your brother in law.
He should now create his own will, unless he lacks the mental capacity to do so. If he cannot create a will, he will die "intestate", and the house, as well as all other property owned by him will pass according to the intestate succession statute.
Your brother in law's family should be consulting an estates lawyer to untangle this situation.