Legal Question in Wills and Trusts in Pennsylvania

estate law. my grandmother passed and deeded her time share to my mother. my mother passed althogh neither estate has been executed. in my granmother's will it was left to her and then to my mother's decendents (myself). what, if anything can i do with this? we reside in PA. can i sell or take ownership of this asset?

Asked on 2/20/13, 4:26 pm

2 Answers from Attorneys

I am confused. If the timeshare was conveyed by a deed while your grandmother was alive, then her will disposing of this asset is invalid as to this item (the gift would be considered "adeemed.") In such case, your mother would be the record owner of it. However, you do not give pertinent details, such as when your mother died. The timeshare, if it was owned by your mother, would be for her personal representative to deal with. I do not know how many children your mother had either or what your mother's will may have said about the timeshare. While it may not have been specifically mentioned (it could have been in which case it would pass to the named beneficiary) then it may have passed with the residue clause if the will was properly drafted by a lawyer.

Who is we? Do you have siblings? Assuming that the timeshare is solely owned by you and you are the personal representative of your mother's estate, then yes, you can sell it provided that the estate debts/claims have been paid. If they have not been paid, then the personal representative may be able to sell it.

The problem with timeshares is that they are not very valuable, but it may depend on where the timeshare is located.

If the timeshare is not owned by you solely, then you and your siblings would all have to agree, again assuming that all estate debts/claims have been paid.

I think you need to see a probate attorney who practices in the county in PA where your mother lived at the time of her death. The attorney will need to see a copy of the deed to the timeshare and your mother's will. The attorney can then go about assisting you with the probate of an estate for your mother if necessary. As part of that an ancillary estate may also have to be opened in the county/state where the timeshare is located.

If your grandmother never deeded her timeshare while she was alive to your mother, then your grandmother's will would be controlling. In such case, you will also need to know when your mother and grandmother died. If your mother died before your grandmother, you would need to have your grandmother's will reviewed. If it indeed states that if your mother predeceases your grandmother then the property passes to you and your siblings, then you and your siblings may get it. If your mother died after your grandmother, then the property would pass to your mother's estate and then be distributed as per your mother's will.

This sounds confusing and is confusing because you do not provide all of the relevant details. That is why you need to sit down with a probate attorney who can review the information and see what's what.

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Answered on 2/20/13, 8:39 pm
Jeff Fleming Hippo, Fleming & Pertile Law Office

The short answer is that you should retain a probate attorney like myself who can assist you with opening the estates and guiding you through the process to get this settled. Please feel free to contact me to arrange a free initial consultation.


[email protected]

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Answered on 2/21/13, 6:26 am

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