Philadelphia, PA asked in Real Estate Law for Pennsylvania

Q: My mother passed away going on two years ago and she left the house to six of us siblings my sister and I Are executive

if one can’t do it The other one step in ,but she has not in rolled our name in city hall ,she was to write our name as owner of the house,should I step in .she move in and didn’t let no one know and change all the lock what should I do.please help me

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

A: If you and your sister are the Executors, that means that your mom had a Will and that the Will was probated (that means, filed with the Register of Wills). If so, that means that an estate has been opened. Did you not have a lawyer to do that? You certainly should have had a lawyer. Clearly, to answer your question, you need to hire a lawyer and get advice.

I can tell you that the ownership of the house does not go to the Executors. It goes the way the Will says it goes. However, there is a 4.5% inheritance tax on the value of the house, and, if your mom died two years ago, the tax is long overdue. If you or the estate can’t come up with the money to pay the tax, the house will have to be sold to raise the necessary money.

You need to sort all this out with a lawyer.

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