Legal Question in Wills and Trusts in Pennsylvania

Should I file a Quit Claim Deed on a property that I inherited from my Dad before his debtors try and put a lien on the property?


Asked on 1/31/12, 2:05 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Your father's estate has to go through probate and administration. Administration involves paying all taxes and debts before distributing property. Creditors would be able to go after the property if it was transferred before paying debts.

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.

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Answered on 1/31/12, 5:02 pm

No. The proper way to do this is to probate an estate. If there is enough money in your father's estate to pay the claims which are filed, then all the claims are paid before any property is distributed. If there is not enough money in the estate, then the claims are paid in order of priority outlined by state law. If necessary, the property will have to be sold to raise the necessary cash to pay the claims. Heirs are not allowed to keep property and not pay the bills and what you are proposing is fraud. Further, you cannot do a quit claim deed conveying the property from your father to yourself. Your father is deceased. The executor issues an executor's deed conveying the property from the estate to you if that is to be done.

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Answered on 1/31/12, 9:00 pm


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