Philadelphia, PA asked in Real Estate Law for Pennsylvania

Q: brought home frm estate, exec never had Ok from court to sell how can i get clear title if exec is in another state. PA

Is there a motion I can file with orphans court to clear title so that I can sell the property. If so what is the motion called. The exec is elderly and in another state (GA) really cant make the trip, can i file of their behalf.

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2 Lawyer Answers

Charles Snyderman

  • Wilmington, DE

A: Did you buy owner's title insurance? if so, file a claim with your title company. If you did not, it's time to contact an attorney.

Harper J. Dimmerman

  • Philadelphia, PA
  • Licensed in Pennsylvania

A: I concur with Mr. Snyderman that you should begin with the title insurance underwriter. It sounds like you may have a fraud claim (these are governed by a two year time limit), which could be a basis for rescission if you are willing to file suit. You should confer with an attorney immediately as the value of property and resale ability are obviously impacted. Also, you may want to explore a quiet title action if there is another ownership interest that can be extinguished. However, at the end of the day, you should have insurance coverage which would also cover the carrier's lawyer assisting to clear up this title defect.

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