Legal Question in Wills and Trusts in Pennsylvania

Re: no will

I agree with Mark, but add a few items. Since Mom left no Will, all children are entitled to be appointed, although some may not want to be. Since an administration is involved, whoever is appointed will have to be bonded, so this affords some protection (beyond fiduciary responsibility) for proper handling of the estate. The child who lives in the house should be treated like a tenant, although some form of favorable rent can be negotiated, as well as things like utilities, phone, etc. payments. The child who removed himself from the Deed is still on the hook for the mortgage, as a co-signer, unless the bank relieved him of responsibility, which is highly unlikely. Arrangements should be made to sell the house, as Mark suggests also, although the child living in the house can be the buyer, and can be given a favorable price, if the family agrees. Of course, this depends upon that child's ability to finance a purchase. This can be a comlicated matter and an attorney should be retained to assist with the estate and to negotiate all matters between the children, plus handle the sale of the house. If the child on the mortgage continues to pay it (which may be required to protect his credit) this would be considered a loan to the estate, to be repaid when the house is sold.

Re: no will

Hello neighbor! I'm writing from 08097.

The house is part of your Mom's estate and what the mortgage holder could or would do if it found out depends upon whom your sister deeded it to. If it simply was Deeded back to Mom, then there is no problem.

I suppose a careless or unscrupulous insurance agent could sell a homeowner's policy to whomever he wants but it may well be ineffective if the owner had no insurable interest in the house. You should make sure there's insurance in the name of the Adminsitrator as owner of the house for the Estate.

As noted by another respondent, you have as much right to be appointed administrator as any sibling. If there is disagreement, a Judge will decide.

No, beneficiaries are not entitled to keys to the house; the administrator is the only one who should have them so there's no question that another sibling may have secretly removed some of the contents.

Your other questions have already been answered by others but I have seen cases like this before so I cannot urge you strongly enough to consult with an attorney familiar with probate law. At least have a consultation so that you know what ALL of your rights are because there may be facts you have not mentioned that have significant legal ramifications or actions you should take now to protect your interests before it is too late. Then, if you need an attorney later on, you can go back to him/her who will already be familar with the basic scenario.

Good luck.

Re: no will

Administrator has a fiduciary duty to all of the beneficiaries. She can sell to the sibling living there if it is a comercially reasonable transaction (at market price). The administrator should get an appraisal to determine market price. The sibling living there should enter a lease agreement with the estate. The lease payments can be used for taxes, mortgage payments, & upkeep. It will protect the sibling living there by insuring she does not get suddenly evicted and will help the estate maintain cash flow until a final disposition can be arranged. I offer free consultations