There are three general principles that may or may not be involved in this case. An attorney would need to know more specific facts and so this answer is for general information only. It may or may not apply in your case.
1. The most usual way to transfer title to a house is through probate. Sometimes you cannot transfer title without going through probate.It depends on how the house is titled.
2. If an individual who is beneficiary of a bequest is receiving public benefits, such as public disability benefits, the receipt of a bequest may place them over the income/ asset tests for those benefits and they will need to spend the money from the bequest in lieu of public assistance.
3. In some cases a beneficiary receiving public benefits may be able to disclaim their bequest, in others they cannot. Normally there is a time limit in which the recipient of a bequest may disclaim their interest in the property.
4. The laws of intestacy determine who will receive from the estate of a deceased individual.
The way to avoid problems in this area is usually, but not always, to establish a Special Needs Trust for the individual on disability. This is usually done in a will, but sometimes the trust is set up independent of a will.
This answer does not establish an attorney/ client relationship and the facts of your case might be different. You should consult an attorney if you need more assistance.
If someone dies without a will, then the laws of intestate succession control. Normally, where the decedent has no spouse and only children, the children split the assets under the laws of intestacy. If you do not follow these rules then it gets more complicated. There are gift tax and gift tax returns at issue.
Also, the estate needs to be probated to allow an administrator/trix to be named to act for the estate.
Also, PA inheritance taxes are probably due on this estate.
For a sense of what is involved in administering an estate in most states, please see 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
Hope this helps.
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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 firstname.lastname@example.org , his website for more tax, estate and business articles is www.sjfpc.com.
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 email@example.com , 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.
Wills and estates Estates Inheritance rights Title transfers and estate planning Estate administration Guardianship planning Taxes and estate planning Gift tax Wills Executor of will Probate Probate administration Intestacy and probate Special needs trust Tax law Guardianship and conservatorship