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mom died with no will

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blueslady810

Junior Member
What is the name of your state (only U.S. law)? PA

my husbands mother died 10 years ago, with no will. there are 3 sons and her husband (their stepfather) . the sons walked away then and the stepfather has kept the house. he is now in his 80's and now wants them to sign to go to probate and make him the administrator of the estate so he can sell the house. the sons walked away 10 years ago and don't want any involvement- as far as they are concerned the state can take the house. can they be forced to inherit it and pay inheritance taxes?
 


FlyingRon

Senior Member
There's no federal inheritance tax, though Pennsylvania has a state one that applies (4.5%) to children of the deceased. No, nobody is forced to accept an inheritance. They should let it go to probate (it should have a long time ago). It really doesn't matter who is administrator (within reason) as the court is the real decider.

If the property wasn't held jointly, then the laws of intestate succession give half to the husband and half to be split among the children. But they can renounce that if they wish. If the house is going to be sold, the 4.5% just comes out of what they would have received from the sale proceeds.
 

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