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Real Estate deed Transfer in PA after Parents death.

Harrisburg, PA |

My father just passed away and my oldest sister is the executor of the will. I have another sister who lives in a home my father purchased for her to live in. The deed is held in his name. The will states to split all assets equally between the three of us. We are all very friendly and close. I want to transfer the deed to my sister to avoid extra expenses to her as her part of her inheritance. Since his other assets will cover myself and oldest sister close to the same value.

Can I just transfer deed to her thru my oldest sister the executor?

Thanks in advance.

Attorney Answers 4

Posted

You may receive an in kind transfer of assets, you could get stock and your sister could get real estate of equal value and the executor could deliver a deed to your sister in just her name alone as long as you and your other sister received other assets of equal value.

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Posted

Your older sister as the executrix has the responsibility to marshal the assets, file an inventory, file an inheritance tax return and pay theinheritance tax, and then distribute the assets of the estate to the three of you in accordance with the will. If the numbers work out, property can be distributed in kind to one onr more heirs.

Even if the house constitutes more than your other sister's fair share, the three of you can enter into a family settlement agreement so she gets the house. Your older sister can execute a deed, but don't be surprised if it takes the estate attorney several months to get to that point in the process.

An answer to a general legal question may not consider all of the facts and circumstances involved in a particular case, or the applicable law, and should not be considered a substitute for direct consultation with a lawyer.

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Posted

There may be gift tax implications in this situation or the use of qualified disclaimers may be required, but you must discuss these issues with your estates attorney that you need to retain.

Ms Siegel offers sound advice and I read her many questions answered here at Avvo. You may want to discuss this matter directly with her and you should do so immediately. In addition to monetary damages and recovery of losses you may want to consider having the trustee removed for cause. For grounds for removal, please see my article entitled Probate: Removal of Personal Representative Under PA Estates and Fiduciary Code at the following link: http://www.sjfpc.com/Probate_Removal_Executor_T.... Even though it relates to PA law most states use similar tests for removal.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

Mr. Ruggiero gives you good advice. Since you and your siblings have a good relationship, it should be easy to work this out, particularly since the house apparently comprises about one third of the value of the estate. I guess you will have to resolve the issue of what "close to the same value" means, in order to balance everything out. I would caution, however, that the executrix should make sure that all three of you sign an appropriate receipt and release.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.

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