Legal Question in Wills and Trusts in Pennsylvania

Default for land deeded tenants in entireties

In the case of divorce (1992, deed never changed) does PA land obtained during the marriage and deeded Tenants by the Entireties to husb and wife default to Tenants in Common or Joint Tenancy? Ex sps also specified in will that I am to inherit the land. Fla estate lawyer wants to probate the land and use for paying creditors (his 50% I assume) Do I need a PA lawyer? I also live in Fla and dont know where to turn. Thanks much


Asked on 8/15/06, 12:30 pm

1 Answer from Attorneys
Bonnie Moses Dessen, Moses & Rossitto

Re: Default for land deeded tenants in entireties

yes, it does default to tenants in common provided a divorce decree or settlement agreement does not specify otherwise. In cases were there is land in PA, you must open an Ancillary Jurisdiction case in PA. To discuss this further, please email Sam Rossitto at [email protected] to schedule a free phone consultation.

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Answered on 8/16/06, 1:12 pm


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