Legal Question in Family Law in Pennsylvania

My grandmother passed away and in her will it state that the house is to be divided amongst her four sons equally and can not be sold unless all parties agree.my question is what happens to my father's 1/4 of the money and 1 of my uncle's part of the money since they are both deceased and the two remaining children want to sell.does my father and uncle part of the money go to their kids who are living?


Asked on 4/03/14, 3:39 pm

1 Answer from Attorneys

Where did your grandmother live at the time of her death? Most states have anti-lapse statutes if there is no provision in the will.

If I get what you are saying, your uncle and father died prior to your grandmother. Does the will say anything about what happens if a child predeceases here? If so, then that is who gets the property. If the will is silent and a child died before your grandmother, then the grandchildren would inherit the share of the deceased parent under the anti-lapse statute.

So if grandmother had a will which left her home to her 4 children, and 2 of them died before her and the will is silent as to what happens, then the 2 living children of your grandmother (your aunt/uncle), the children of your dead uncle (if any) and you and your siblings would all inherit. The uncle's children get 1/4 and you and your siblings would split 1/4 (unless the will specifies a per capital distribution rather than per stirpes).

Regarding sale of the property, I don't see how your grandmother's wishes would be enforceable. If 3 of the kids wanted to sell and 1 did not, then the 3 could seek partition and force a sale. But getting back to your issue - you, your siblings and your cousins would have to agree to the sale of the property. If the property is sold you and your siblings get 1/4 and your cousins (children of the dead uncle) get 1/4 and each of the living aunts/uncles get 1/4.

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Answered on 4/13/14, 9:45 pm


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