Gibsonia, PA asked in Estate Planning, Probate and Real Estate Law for Pennsylvania

Q: What forms need filed in pa for son to claim home ownership from deceased mother after living with her all his life.

1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: The fact that the son lived with the mother all his life has no bearing on the question. A lawyer needs to be consulted to open an estate. If there is a Will, the Will needs to be filed with the Register of Wills (probated). If an Executor is named in the Will, the Executor will execute a deed for the real estate as provided in the Will. If there is no Will, and if there is no spouse, the children need to become Administrators. Any child who does not wish to serve must sign a renunciation. The Administrators would then give a deed to all the surviving children (unless there is a spouse, in which event, this becomes much more complicated). There will be inheritance tax of 4.5% on the value of the house, if there is a conveyance to a child or children, irrespective of whether or not there is a Will.

A lawyer will have to be consulted and involved.

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