Expert Advice When You Need It Most

When can I expect to receive the deed to my home? Dad died in Dec. 08. No will. My brother, sister, and I agreed to a split.

Asked over 2 years ago - Philadelphia, PA

We, my brother, sister, and I, did all in the presence of an attorney, their attorney. I've lived in this home for 20 years, and have invested many dollars into it, with the understanding that it would be ours (my family, husband, son, daughter). We paid my parents $1200 monthly, albeit under the table, with my husbands bartending tips. My insurance agent has advised my to seek an attorney, saying that I should've received the deed by now. Only recently, I am having suspicion of my siblings not being up front with me. My husband doesn't trust them at all. Does a deed, indeed, take this long in the commonwealth of Pennsylvania? Or should I be leery of my brother and sister? Please help us!

Flag

Save

Share with:

Attorney answers (2)

Edward Joseph Smeltzer II

Reputation Level 14

Answered over 2 years ago. Probate Attorney in East Brunswick, NJ.

Flag

Doing a Deed does not take long however there is more involved in your situation that merely doing a deed. Your father's estate must be administered in accordance with PA law and that takes time. Settling an estate can take 9-24 months or longer and deeding estate property would typically not occur until near the end of the administration.

The best thing I can recommend to you is to talk to your siblings calmly and without accusation. Explain to them the strain the current situation is placing on your marriage and ask them if your agreed upon division of the estate could be put into writing to pacify your husband until the distribution of the estate can be completed.

Explained to them in this manner they will either go along with putting the proposed distribution into writing which will give you some proof should things later go awry or they will refuse which will be your best indicator to date that you should have your guard up.

Very truly yours,

Ed Smeltzer

NOTE: This answer was prepared for educational purposes only. 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 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.

Mark as good answer

Add comment

Steven J. Fromm

Reputation Level 20

Answered about 2 years ago. Probate Attorney in Philadelphia, PA.

Flag

A deed can take this long since it will come at the end of any estate administration after all debts, taxes and expenses of administration have been paid.
The split may be the problem, if there is not enough assets in the estate to make things equitable.
You should have an experienced estate planning attorney representing your interests here.

Hope this helps.

LEGAL DISCLAIMER
Mr. Fromm is licensed to practice law in PA with offices in Philadelphia. He can be reached at 215-735-2336. He is featured as a 5Star Wealth Manager in the current issue of Philadelphia Magazine, November 2009 on page 123.

The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is 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 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.

sjfpc@comcast.net

website

blog

Mark as good answer

Add comment