QUESTION

What are my rights and the process needed to be taken if my name is on deed and sister passed away?

Asked on Feb 03rd, 2014 on Estate Planning - Pennsylvania
More details to this question:
Property in the state of TEXAS. I'm in PA. Do I need attorney to claim property rights? Supposedly executors attorney is to send copy of deed to me.
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2 ANSWERS

You need to ask a lawyer in Texas. I am not licensed there. What you say does not make sense. If you and your sister owned the land as joint tenants with a right of survivorship, then the land automatically would have passed to you as of the moment of death and there would be no need to do anything by the executor. If your sister solely owned the land then your name could not have been on the deed at all in which case the land would be distributed as per your sister's will (I assume she had one as you mention an executor) or as per the Texas intestacy law. If you are a named beneficiary or an intestate heir, then the executor would have to issue a deed conveying the land to you if you are the sole heir/beneficiary. If you and your sister jointly owned the land but there was no right of survivorship, then 1/2 the land would pass as per your sister's will or via intestacy. If you were the only named beneficiary or heir, the executor could only deed your sister's share of the land to you. I do not understand what rights you are claiming and why you necessarily would need an attorney. Does your sister have a will? Was she married? Did she have any children? If she did not have a spouse and children, who else besides you is her heir? The answers to these questions will indicate whether you need an attorney. If you need one, it will be a probate attorney who practices in the state/county where your sister lived at the time of her death. If your sister had a will, the executor is doing his/her job properly and/or has an estate attorney, then you do not need an attorney. If you have questions then you need to consult with a probate attorney to review the estate file and make sure that things are done properly and to look out for your interests as a beneficiary of the estate.
Answered on Feb 07th, 2014 at 1:53 PM

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Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
Need more information, like, is anyone on the deed with you and how is the deed title, joint tenants or tenants in common. The executor's attorney should be able to answer all of your questions. If he can or will not, hire a TX attorney or local attorney to communicate with him. If you are on the deed with your sister as JT's, you now own it and will pay inheritance tax on her half if there is inheritance tax in TX. If the property is worth over a million you may have federal death tax issues as well.
Answered on Feb 06th, 2014 at 11:55 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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