Media, PA asked in Estate Planning for Pennsylvania

Q: My fiance and I purchased a house in 2016. He passed 8 months later. I am not on the loan, but I am on the Deed.

I want to sell at this time. Will I have issues? There was no will. Just our papers from settlement

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2 Lawyer Answers
John B. Whalen, Jr.
John B. Whalen, Jr.
  • Estate Planning Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: … my condolences for your loss …

… there will be a “cloud” on the title if his estate was not opened and closed correctly …

… I can provide further details if needed …

… good luck …


W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Boyertown, PA
  • Licensed in Pennsylvania

A: So sorry for your loss.

If you held the property as joint tenants with right of survivorship (that wording should be on the deed itself), then when he passed, you became the sole owner by operation of law. For record purposes, you should record the Certificate of Title, connecting to the legal description of the property.

If you held the property as tenants in common, then his interest (one-half) in the property passes to his heirs at law, i.e., pursuant to the PA intestacy statute.

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