Cleveland, OH asked in Estate Planning and Probate for Pennsylvania

Q: Is there a time limit on probating a will?

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a sheriff sale and they are the new owners. I am at a total loss of where to go from here and just need a professional opinion.

Related Topics:
1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
  • Allentown, PA
  • Licensed in Pennsylvania

A: Since I just answered your last question and you are now asking if there is a time limit on probating a Will, I will try to read between the lines and fill in the missing pieces.

It sounds like, when grandfather died, you never probated the Will and thus never got a deed from the estate, which would have given you title. Therefore, at the present time, you have no rights to the property. While there is no time limit on probating a Will, since your delay has allowed there to be a default on something, probably a mortgage or real estate taxes, which, in turn, caused there to be a sheriff’s sale, you likely will not get anywhere by probating the Will now.

As I previously told you, you need to engage a lawyer very quickly to see if something can be done.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.