Legal Question in Wills and Trusts in Pennsylvania

Stepfather died as tennant in common with my bothers and me. My brother lived in the house with my stepfather but I did not. My stepfather died with credit card debt of over $35,000. Do we have to sell his portion in the house or can it just be put in my brothers name. I am giving my brother my portion but not sure how to handle my stepfathers since he died with so much debt.


Asked on 2/03/16, 12:26 pm

1 Answer from Attorneys

You leave out all the important details. Assuming father died in Pennsylvania, father's debts have to be paid. Father's portion of the land will have to pass through probate. The personal representative for father's estate will have to compromise the debts as best as possible. You do not have to sell the land but if the step-father's share of the land is worth $35,000 then you are going to have to find a way to either add $35,000 to the stepfather's estate or make some other compromise of the claims. You can gift your share of the house to your brother but that will not affect the stepfather's debts or make the creditors less entitled.

The personal representative needs to at least consult with a probate attorney who practices in the county/state where the estate will be probated. The personal representative needs to give notice to all the creditors. If creditors do not file claims by the deadline then they will not be paid. Once all the claims come in, the personal representative will need to find a way to raise the cash to cover the valid claims. Maybe the home can be financed only to the extended needed to raise the funds.

Too bad your stepfather did not own the land as a joint tenants with right of survivorship.

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Answered on 2/03/16, 3:54 pm


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