Legal Question in Wills and Trusts in Pennsylvania

My mom died in july 2009 and left no will, her only asset is her home i have two brothers and one sister,I had a sister who died two years before my mom,SHE HAD TWO CHILDREN are they entitled to my sisters share when we sell the house,we live in pa.


Asked on 1/31/10, 7:27 am

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

If your mom died without a will then the intestate laws would govern. If your mother was not married at the time of her death it would appear that you and your brothers would be the beneficiaries. If there is a husband he would also. You do not indicate how the real estate is titled. If the real estate is just in your mother's name then it would pass as above. If she owned the property jointly with other persons they may have an interest in the property which under certain circumstances could exclude you from the house. ie if she held the property jointly with a husband who is alive and the deed is held with the survivor getting the entire property. In any event I would contact an attorney because you may also have to establish an estate to pay inheritance taxes.

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Answered on 2/05/10, 9:08 am


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