Legal Question in Real Estate Law in Pennsylvania

Fee simple deed

What is a fee simple deed? If someone added another owner to a house via a fee simple deed, after the death, does the property belong to the person added automatically? Also, the person does not have a will.

Asked on 7/17/05, 10:45 pm

1 Answer from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Fee simple deed

If the deed contained the language "with right of survivorship" the property will automatically transfer to the survivor. If the parties are married the deed may be held as "tenants by entirites". It has the same result. If such language is not utilized in the deed the survivor has a one half interest in the property and the decedent's estate will have to be probated. The one half interest would belong to the decedent's heirs. I suggest the matter be reviewed by legal counsel. Gerald Hershenson 215-579-9390

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Answered on 7/18/05, 9:40 am

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