Legal Question in Real Estate Law in Pennsylvania

if someone passed away and a deed lists as "heirs and assigns forever", do we need their heirs to sign a sales agreement for sale of property


Asked on 11/21/15, 4:17 pm

1 Answer from Attorneys

Sharmil McKee McKee Law Office

The answer to your problem is not simple. First, the only person who can sell a decedent's property is the personal representative. This is the person that the decedent (the person who passed away) named in her will or the law declares is the personal representative. The representative's job is to figure out who inherits the property based on the will or the law. Second, the person who inherits may decide to give up the gift. If so, she will sign a disclaimer and the representative can sell it. If not, then the representative signs a deed transferring the property from the decedent to the heir. So, the heir doesn't need to sign the sales agreement, if the heir is giving up the gift.

You should really talk to a lawyer about your specific situation or talk to a title insurance company to insure the sale against a future lawsuit or claim to the property.

Good luck.

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Answered on 11/21/15, 5:26 pm


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