My aunt died three years ago and my dad, who was to take care of the legal matters, never filed her will. The issue at stake is her home, which she had willed to my sister and I. There are back taxes due on the property, which is another issue, but we are wanting to finally get this issue settled. Are we able to still file the will 3 years later? What other steps would I need to take to obtain ownership of the house?
Section 3133(a) of the Probate, Estates and Fiduciary Code provides that "A Will may be offered for probate at any time." So you are still able to file the will and start the probate administration process. The "other steps" are really too complicated to set forth here. You should really engage the services of an experience estate administration attorney to assist you.
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Mr Fisher offers sound advice. You would be well served especially since so much time has elapses to retain an estates attorney.
For a sense of what is involved in administering an estatein PA please read 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 Once there, be sure to hit the like button at the end of these articles if you found them helpful.
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Family Law Attorney
The fact that you have real estate at issue (and that there are various avenues that you might pursue to have the real estate transferred into your name) makes it even more essential that you obtain the assistance of competent legal counsel. Additionally, inheritance tax is due from the date of the decedent's passing, with penalty and interest accruing each day that passes without the tax being paid. Please feel free to contact our offices to discuss potential representation in this matter.
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