Legal Question in Wills and Trusts in Pennsylvania

The answer depends on

(a) where the mother lived at the time of her death;

(b) where the property is located - California or PA?

(c) if mother had a will, and

(d) if sister has a will.

The law of those 2 states would be concerned about the administration of sister's mother's estate, how the deed is titled, and if both states are involved, which state law governs estates and/or property.

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.

I would echo the advice of Attorney Jacobson but would add that it also depends on the language of the deed. How did the mother and sister own the land? As joint tenants with a right of survivorship? Or as tenants in common? If the deed indicates that they owned as joint tenants with right of survivorship or words to that effect, then the land passed automatically at mother's death to the sister.

If mother and sister owned as tenants in common, then only mother's share passed as per her will or the state intestacy laws where mother lived at the time of her death. So those beneficiaries would have a 1/2 share and the sister would have a 1/2 share in that case.

Sister's share of the land (whether she owns it all or only a 1/2 share) will pass on sister's death as per sister's will or by the state intestacy laws in California if that is where she lives. I am not licensed to practice law in California so I cannot advise on California probate law.

This is a mess and if your fiance would like to have the home, he needs to arrange to buy it from his sister and any other owners of the property before sister dies. In that case, he needs to see a real estate attorney in the state where the land is located. A real estate attorney can assist with obtaining a new deed and purchasing the shares of those who do not want it.