Legal Question in Wills and Trusts in Pennsylvania
estate authority
My mother-in-law passed away with her will stating that my sister-in-law could live on this farm estate as long as she and my husband farmed the land. Being the land was mostly devided up there still remains the house, barn, huge metal building and 12 acres of land. When my sister-in-law became sick her daughter-in-law moved in to take care of her. Now my sister-in-law passed away 2/8/02 and her daughter-in-laws remains there. Refuses to leave. She does have a house of her own. There were 5 siblings, my brother-in-laws wife gave back his part of the estate to my sister-in-law that just passed. (Does the nephew who has 2 shares have the majority of say on what is to be done with the estate or is the exeutrix still in charge? My husband has taken care of and kept the farming operation alive for 40 years and my mother-in-stated in her will that he could use the barn and buildings for his business. My husbands brother and one sister has died and there are 3 left plus the nephews 2 shares he inherited from his mother. What a mess this is. Please help.
1 Answer from Attorneys
Re: estate authority
It is not clear from your question whether or not your mother-in-law's will was probated and an executrix is administering the estate.
The will may have specified if the person farming the property had a life estate or an interest in a trust. This must be determined.
Your mother-in-law's will would control, not a vote among the heirs. However, it is also possible, when there is agreement among the family members, to have a family settlement agreement.
In order for the heirs to be able to deal with the real property in the future, the executrix will have to make sure that all estate, inheritance and income tax returns are filed, taxes paid, and a clearance obtained from the PA Department of Revenue. The more time that passes, and generations come into an interest, the more complicated and difficult this becomes.
With such a complicated situation, you really need to have an estates attorney involved to assist in properly administering and then distributing and closing the estate.
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