What happens to joint property when someone dies without a will?

It depends on the precise nature of the joint ownership. If the deed identifies the interest as a joint interest with a right of survivorship than the property became 100% yours on your mother's death. If however the deed identifies the joint interest as a tenant in common interest or if the deed is silent on the nature of the joint ownership (in which case tenant in common ownership is presumed) than your mother's 1/2 interst in the home passes by intestacy to her heirs under PA law which would probably include you, your siblings, the descendants of any predeceased sibling, and your mother's spouse if living.

Regardless of how the property is titled Inheritance tax is owed to PA so you should consult with an experienced estate attorney to guide you through the analysis of your deed and the filing of the inheritance tax return.

Very truly yours,

Ed Smeltzer

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