If my mom passed away and had no Will, how do I sell her house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mom passed away and had no Will, how do I sell her house?
Asked on April 5, 2012 under Estate Planning, Pennsylvania
Answers:
Steven Fromm / Steven J Fromm & Associates, P.C.
Answered 12 years ago | Contributor
You don't until you get named administrator of her estate. No one can act for an estate until they are legally recognized by the courts as an administrator where there is no will or an executor where there is a will. Get with an estates attorney to assist you in the process. Do not try this on your own.
For a sense of what is involved in administering an estate in most states, please see the following two articles: Estate & Probate Administration: Do Not Try This On Your Own at http://www.sjfpc.com/page1.html and Pennsylvania Probate & Estate Administration: Executor Duties at http://www.sjfpc.com/pennsylvania_probate_estate__administration_duties_of_executor_and_administrator.html
Michael Duffy / Duffy Law, LLC
Answered 12 years ago | Contributor
Hi there,
First, I'm so sorry for your loss. This is a difficult time and having to worry about these matters only makes it worse. You're doing the right thing by addressing it now, though.
If there is no will it's called an "intestate" estate, and there are laws that determine the distribution of the estate. It can be a complicated process. An administrator will have to be appointed by the PA Orphan's Court, who must probate the estate, settle any debts and distribute any remaining assets. Unfortunately, for a family already grieving, the potential disputes that can arise in such a situation are great. If the estate's assets are greater than it's debts, it's well-advised to consult an attorney to ensure the process is properly handled.
If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.