QUESTION

My Mom's house was in mine and my brother's name unfortunately she passed away.

Asked on Aug 31st, 2022 on Real Estate - Pennsylvania
More details to this question:
House is in mine and my brother's name unfortunately he passed away in December. So does that leave me as sole owner? Do I have any obligation to give my brothers wife still living anything from the sale of the property if I choose to sell it? I live in DE the house is in PA. Thank you
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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There are essentially 3 types of real estate ownership in Pennsylvania.  The first is tenants in common in which the owners each own a share.  In that event, the death of an owner allows his or her share to pass to his or her estate. The second is joint tenants with the right of survivorship.  In that event, the death of an owner merely eliminates that person from the title which is now owned by the surviving owners. The third is tenants by the entireties which is a marital ownership having the same status as joint tenants.  To advise which type you have, I would need to review the deed.  Regarding the personal property in the house, as opposed to the real estate, if your mom owned it, it may have passed to both of you as beneficiaries.  In that event, you would only own one half of those belongings and the other half would be part of your brothers estate, presumably inherited by your sister in law. I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com
Answered on Aug 31st, 2022 at 12:55 PM

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