Emmaus, PA asked in Foreclosure and Real Estate Law for Pennsylvania

Q: How long after a sherrif sale does someone need to be out by? Does the person who buys home have to evict the people in

We live in husbands grandmothers home, were supposed to buy it according to her will after she died but her named executrixs refused to open will and now home is in foreclosure and going for sherrif sale at end of Sept. We have lived in home for 9 years, now buying another home...first one fell through and new one would have closing after the sherrif sale. We are afraid that we won't have time to leave before they take over the home once its sold. We have 4 kids and are going on a preplanned trip in the beginning of Oct and dont want to come home to be locked out of the house.

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2 Lawyer Answers
Elizabeth Tarasi
Elizabeth Tarasi
Answered
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: You should be given notice of when the drop dead time is. I would call the the entity involved in the sheriffs sale and try to get as much information as you can.

Cary B. Hall
Cary B. Hall
Answered
  • Foreclosure Defense Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: As an heir, your husband should also be able to open an estate for his grandmother if the named executrix in the Will refuses to do so. At that point, the Orphans' Court will contact the executrix to determine if she will fulfill her duties. If she won't, I believe the Orphans' Court has procedures about providing a substitute executor. It's certainly worth looking into . . .

Best of luck to you!

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