Legal Question in Wills and Trusts in Pennsylvania
estate
My sister passed away without a will, she was a widower with three grown children.Are they entitled to her property which still has a mortage on it and her car which still has a loan on it?They want to keep the property and pay the loans off.What is their course of action?
Thank you
2 Answers from Attorneys
Re: estate
Under laws of descent and distribution, these surviving children will inherit the estate. If any mortgages or other debts are owed by the deceased, these debts must be paid off before the heirs can acquire the property debt free.
Re: estate
If she died in Pennsylvania without a Will then Pennsylvania law dictates how her property is divided up. From the facts you listed it sounds like the children will share everything equally. The situation you describe can be accomplished but it has to be done by the personal representative of the estate. But, because there was no Will naming an Executor the court has to appoint one for you.
You must probate your sister's estate and have a personal representative appointed for you by the court then take care of paying off debts, filing the inheritance tax returns, filing the inventory sheets, etc.
If you have any questions please feel free to contact me at (610) 635-5555
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