Probate...What happens to house at Death when owners were divorced?

Without looking at the actual deed to the house no definitive answer can be provided. However, generally under PA law if the house was held as tenants by the entireties it would go by operation of law to the surviving tenant, here your mom. But divorce changes the outcome and tenants by the entireties is destroyed and it becomes tenants in common. So it will not go to her automatically. As to your second question you would need to probate the estate so any assets of dad can be collected as part of his estate, debts paid, inheritance taxes paid, etc. You really need to meet face to face with an experienced PA estate planning attorney to review the wording of the deed and to help you with the estate administration. Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties in the state of Pennsylvania. He phone number is 215-735-2336 and his email address is listed below. 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.

You should first review the divorce decree. If the decree awards the property to your father, he owned it in his own name at the time of his death and the house will have to be probated. If the decree awarded it equally between your parents, the divorce would have broken the joint tenancy into tenant in common interest and half of the house would have to be probated. Both of your parents should have been provided with a copy of the decree. When a person dies with property in his own name without a will, the property passes through the state's intestate succession laws. I am assuming that your father died a resident of Pennsylvania. As your father died a single person, your mother would not inherit property under that statute. You should consult an estate and probate attorney familiar with the laws of your father's domicile. You should provide the attorney with a copy of the divorce decree. Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Mr. Fromm's response is very accurate and concise. In Pa, there is a presumption that a married couple acquires title as tenants by the entireties. Many deeds simply list the grantees as husband and wife, or even just h/w, which, in the absence of other contradictory language, means they acquired title as tenants by the entireties. The tenancy by the entireties was automatically converted to tenants in common when they were divorced. This means your father's 1/2 interest in the house passed to his intestate beneficiaries, most likely his children, at his death. However, a personal representative will have to be appointed to administer his estate, pay his final expenses, file an inheritance tax return and ultimately transfer his interest in the house to his heirs. You and your siblings need to meet with an experienced probate attorney very soon to get the process started. NOTE: Mr. Fischer is an attorney licensed to practice in Pennsylvania. He can be reached at 610-269-0900 Ext 2 or [email protected]. 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. Frequently the question does not include significant and important facts and time lines that if known could significantly change the response. 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.