Legal Question in Real Estate Law in Pennsylvania

My common law husband of 23 yrs passed away my name is not on the deed.. only his name is.. he left me the house in his will..how would i go about putting my name on the deed?


Asked on 7/25/10, 8:32 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

If the house was left to you, regardless of your marital status, you are entitled to the house. There are exceptions: if he had children, with you, or with another woman, the children would be entitled to part of his estate. Also, if you are not considered a common law wife, and, even if you are, if he had a wife and they were not divorced, she would also be entitled to part of the estate. If he had no other wife and no children, you would inherit the house without it being subject to claims by the legal wife and by children.

The estate first has to pay all debts and taxes of the deceased, and then the remaining assets would be paid as directed in the will, with the above exception.

In order to get to the point of paying the debts and taxes and then distributing remaining assets, an estate has to be opened and administered. The executor named in the will takes the will to the Register of Wills for the county where your husband resided. The Register's office will provide the papers needed to file, but a lawyer's assistance may be needed to help the executor do the actual estate administration.

If there are not enough assets in the estate to pay all of the estate obligations, the house may have to be sold to pay them.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/26/10, 5:29 am
Solomon Weinstein Solomon Weinstein, Esquire

I agree with what the previous attorney said. You do not indicate whether the house had a mortgage on the property. If so this debt should be paid on an on going basis to avoid additonal potential problems.

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Answered on 7/26/10, 8:22 am


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