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Confusion over Parents / Sisters Estate

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USAviator

Member
What is the name of your state?MY STATE: Pennsylvania - Note: This may get confusing !!

My sister passed away in May of this year. She had inherited a house from my mother who passed away over four years ago. According to her fiance' ( or is it ex-fiance' ? ) she signed the house over to him, even though she has a son who is currently living in the house.
According to the Alleghney County Tax Assessment website, the house has never been transfered into my sister's name, is still in the name of my father ( who passed away in 1981 ) and my mother.

My uncle, who is executor of my GRANDMOTHER'S estate recently received a letter from his attorney, which stated that my grandmother's estate could not be settled until my mother's estate was.

I have a copy of my grandmother's will provided by my uncle's lawyer, but have never seen a copy of my mother's, or my sister's ...

Family members have good reason to suspect that the fiance' had my sister sign the house over at a time when she was under the influence of pain medication, as she had cancer.

We are hoping to get this matter settled so that the proceeds from my grandmother's estate can be distributed , as well as preserve any interest my nephew may have in the property.

My questions are:
1 ) Am I entitled to a copy of either or both of the wills ?
2 ) If so , how do I obtain copies or the name of the attorney ??
3 ) As the deed was never in my sister's name, does she have the right to " give away " the house ?
4 ) Is there anyway that I can gain access to the house to obtain several sentimental items, such as a family album and bible ?

Thank You for a prompt response.
 


anteater

Senior Member
USAviator said:
My questions are:
1 ) Am I entitled to a copy of either or both of the wills ?
2 ) If so , how do I obtain copies or the name of the attorney ??
3 ) As the deed was never in my sister's name, does she have the right to " give away " the house ?
4 ) Is there anyway that I can gain access to the house to obtain several sentimental items, such as a family album and bible ?
Go downtown to the Register of Wills office. If probate has been opened, they are public record and you can get a copy.

While you are there, stroll over to the Recorder of Deeds office and research the deeds. I have found the Allegheny County Assessor's website to pretty accurate, but not always. It's really hard to give away what you don't legally own.

Unless you are personal representative of your sister's estate, you should not be removing her possessions, particularly since it looks as if there is a nasty fight brewing.
 

BlondiePB

Senior Member
What a mess

My sister passed away in May of this year. She had inherited a house from my mother who passed away over four years ago. According to her fiance' ( or is it ex-fiance' ? ) she signed the house over to him, even though she has a son who is currently living in the house.
According to the Alleghney County Tax Assessment website, the house has never been transfered into my sister's name, is still in the name of my father ( who passed away in 1981 ) and my mother.

My uncle, who is executor of my GRANDMOTHER'S estate recently received a letter from his attorney, which stated that my grandmother's estate could not be settled until my mother's estate was.
What your dealing with here are multiple probate cases. You need an attorney, like yesterday. You also need to learn why your mother's estate MUST be probated first.

Family members have good reason to suspect that the fiance' had my sister sign the house over at a time when she was under the influence of pain medication, as she had cancer.

As previously stated, check the public records.
We are hoping to get this matter settled so that the proceeds from my grandmother's estate can be distributed , as well as preserve any interest my nephew may have in the property.
As previously stated, check public records first. If your sister signed a will when she was not capable of doing so, your attorney will be able to obtain medical records. If probate has not been opened for your sister, open it and file/apply to be executor.
1 ) Am I entitled to a copy of either or both of the wills ?
Yes, already covered above.
2 ) If so , how do I obtain copies or the name of the attorney ??
The name of any attorneys will be in the probate files.
3 ) As the deed was never in my sister's name, does she have the right to " give away " the house ?
If she so stated in a will, she can. The problem here lies with what was in your parents will and possibly your grandparents will.
4 ) Is there anyway that I can gain access to the house to obtain several sentimental items, such as a family album and bible ?
Looks like the executor to your mother's estate is the one who is legally authorized to enter the home because the home is not in your sister's name. Is the fiance still living there or is it just your nephew who is living in the home?
Thank You for a prompt response.
You are welcome.
 

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