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tmonk

Junior Member
What is the name of your state? Pennsylvania

My fiancee mother just passed, without a will. He lived with her in a house that is completely paid for. His mother owns the house. What is it that he needs to do to get the house in his name?
He was told that he only had 90 days. to settel everything. :confused:
 
Last edited:


anteater

Senior Member
... It has his MOther's name on the will....
Do you mean that his Mother's name is on the deed to the house and she is the sole owner?

He was told that he only had 90 days.
Told by whom? And 90 days to do what?

What is it that he needs to do to get the house in his name?
Well, to get anything started, someone needs to open an intestate probate and apply to become personal representative of the estate. That he lived in the house does not automatically mean that he inherits the house. I assume that his mother did not have a spouse, but does he have any siblings? Without a will, the distribution of her property is governed by Pennsylvania law:

From Commerce Clearing House:

If any part of a Pennsylvania decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

A surviving spouse is entitled to the entire intestate estate if the decedent is not survived by a child or parent.
If there are no surviving children of the decedent, but there is a surviving parent or parents, the surviving spouse is entitled to the first $30,000 plus one-half of the remaining intestate estate. There is an exception to this rule if a decedent died due to the September 11, 2001, terrorist attacks, in which case the surviving spouse gets 100 percent of any compensation award paid under the Air Transportation Safety and System Stabilization Act.
If the decedent is survived by children all of whom are also the children of the surviving spouse, the surviving spouse is entitled to the first $30,000 plus one-half of the remaining intestate estate.
If the decedent is survived by children one or more of whom are not issue of the surviving spouse, the surviving spouse gets one-half of the intestate estate.
When there is a partial intestacy, any property received by the surviving spouse under the will counts towards satisfying the $30,000 allowance mentioned above.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

Decedent's issue.
Decedent's parent or parents equally.
Decedent's brothers and sisters, or their issue.
If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would.
Decedent's uncles and aunts and their children and grandchildren.
 

tmonk

Junior Member
thank you... some clarification

The house was owned by his mother, she did not have spouse, but he has a sister. His Lawyer (from another case) sent him some paperwork for his sister to sign that will keep her from interfering (she doesn't want anything to do with the property).
He wants to get the house in his name. He was told by various people that he only had 90days to pay the estate taxes and convert everything to his name.

sorry if i wasn't clear....
 

anteater

Senior Member
... He was told by various people that he only had 90days to pay the estate taxes and convert everything to his name...
Various people are wrong. Assuming the total value of his mother's estate is less than $2 million, federal and state estate taxes are not a factor. However, PA does have an Inheritance Tax. For a child inheriting from a parent, the tax rate is 4.5%. The Inheritance Tax return and payment are due 9 months from the date of death. But PA allows a discount of 5% of the tax due if paid within 3 months of the date of death.

Whether sister disclaims her share or not, I do not see a way that probate can be avoided. Probate in PA is not a particularly arduous process, but, your fiancee may want to retain a probate attorney to guide him through the process.

This is a pretty good overview of probate:
http://evans-legal.com/dan/probate.html

For the PA Inheritance Tax:
http://www.revenue.state.pa.us/revenue/cwp/view.asp?a=3&Q=69002&subID=I&revenueNav=|691|
 

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