Dad's wish with no will

[woodman]

What is the name of your state? PA
When my father passed away, there was no will. My brothers, sisters and I insisted on registering my mother as executor of the estate. Since, nothing has been settled with the estate. Specifically a house that my father had purchased in his name alone with a good friend of his. His wish (and his friend’s wish) was to 'deed' the house to my brother. Since there was no will, I understand that PA law requires the first $30K of the total estate to go to the spouse with the remaining $$ split evenly between the spouse and the 4 children. My question is this: All the 4 children want to see my father's wish come true. My mother wants to sell the house outright. 1.) As Executor, can she force the sell of the house while the estate is in 'intestate’, without approval of the other beneficiaries? 2.) Do we have any legal options to see my father's wish through?

 

[seniorjudge]

1.) As Executor, can she force the sell of the house while the estate is in 'intestate’, without approval of the other beneficiaries?

A: Yes.


2.) Do we have any legal options to see my father's wish through?

A: Yes; buy the house and give it to whoever you wish.

 

[nextwife]

What is the name of your state? PA
When my father passed away, there was no will. My brothers, sisters and I insisted on registering my mother as executor of the estate. Since, nothing has been settled with the estate. Specifically a house that my father had purchased in his name alone with a good friend of his. His wish (and his friend’s wish) was to 'deed' the house to my brother. Since there was no will, I understand that PA law requires the first $30K of the total estate to go to the spouse with the remaining $$ split evenly between the spouse and the 4 children. My question is this: All the 4 children want to see my father's wish come true. My mother wants to sell the house outright. 1.) As Executor, can she force the sell of the house while the estate is in 'intestate’, without approval of the other beneficiaries? 2.) Do we have any legal options to see my father's wish through?

And HOW is the property titled? If they held it as JTWROS, then dad never had the RIGHT to plan on it, or any part of it going to anyone OTHER than Mom upon his death. If she is co owner as TIC, she is entitled to HALF the proceeds that she owns PLUS her spousal share in his estate.

If a H&W own a property as Jt Tenants, then that property goes, OUTSIDE probate, to the surviving Jt Tenant.