My father passed away his house had a mortgage on it. My younger sister is on the deed along with youngest brother. My sister isn't married the rest of siblings are married. So his will states at the time of my death if Suzy or Tom isn't married they get to hold a the house and keep it. Well Suzy isn't married does that mean me as the older brother the pr gives here the house or do I sell it and split it? Since she's not married and on the deed and it's states unmarried child at the time my death does she get it since she a heir?
It depends on specifics in the will and the deed. You should speak to a local probate attorney.
Changing topic to probate from estate planning.
The rights of the beneficiaries and your duties, as the PR, depend on the terms of the will and how this house and other assets are titled. You said your sister and your brother are on the deed. Is the deed under joint tenancy with right of survivorship or tenancy in common?
The PR has many duties and the need to do their job in compliance with the law and the will or they can face personal liability. A probate attorney should be consulted to avoid these risks.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
If she is on the deed in joint tenancy with right of survivorship she owns the house outright regardless of the will. If she is on the deed as a tenant in common she owns half the house, regardless of the will, and only the other half goes through probate. I agree that you need a probate lawyer to help you sort this out and determine the way forward.
This response is not intended to create an attorney/client relationship between any individuals, and is not intended as specific legal advice.
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