Legal Question in Wills and Trusts in Pennsylvania

No will

Both parents deceased-25 years now..

I want title to property

what is the best way to start this process???


Asked on 9/10/08, 12:27 pm

2 Answers from Attorneys

Michael Berman Law Offices of Michael A. Berman

Re: No will

This could get a little tricky...

How many children did your parents have? Each one must be contacted and they must "renounce" their right to administer the Estate. If anyone died, their heirs must be contact to do so. Then the process moves toward establishing date of death values for your parents real and personal property so initail tax calculations can be made.

The probate process costs money (the State has fixed charges) that must be paid upfront, and the taxes then need to be paid (State/local and federal)before any property can transfer.

My feeling is you'll need an attorney's assistance. Feel free to contact me!

Mike

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Answered on 9/11/08, 4:48 pm
Miriam Jacobson Retired from practice of law

Re: No will

Someone will have to administer the estates of both of your parents.

PA law states who is eligible to administer an estate, and how property left in the estate will pass after all debts and taxes have been paid. On an estate for which inheritance taxes were not paid within 9 months of death, interest and penalties will have accrued.

Final Federal and State income taxes also had to be paid, and if they weren't, there may be additional penalties charged by the U. S. and the Commonwealth.

You and your siblings or other fellow heirs should go to the office of the Register of Wills in the County were you parents resided. The Register will often give guidance and forms for filing the necessary papers, although, of course, it will not give legal advice.

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Answered on 9/10/08, 2:24 pm


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