Full question:
My sister and I along with two others that have 1/4 undivided interest, and a life tenant were left a home. My sister and I are the only two surviving. How do I change the deed to reflect this? Will we have the right to sell?
- Category: Wills and Estates
- Date:
- State: Pennsylvania
Answer:
To change the deed, first determine if the interests are held as joint tenants or tenants in common. If you and your sister are joint tenants, when one joint tenant dies, their interest automatically passes to the surviving tenant without going through probate. In this case, you would need to provide a death certificate to the county recorder's office to remove the deceased tenant's name from the deed.
If you and your sister are tenants in common, there is no right of survivorship. Each tenant's interest can be sold or transferred separately. When a tenant in common dies, their interest must go through probate, where an executor or administrator will handle the distribution of the estate. This may involve executing a deed to transfer the deceased's interest to the remaining tenants or heirs.
Regarding the life tenant, upon their death, the property interest may pass to the remaindermen or revert to the original grantor or their descendants, depending on the terms of the life estate.
For selling the property, both you and your sister will need to agree to the sale and sign the necessary documents. If you have questions about the specific process in your county, contact the local recorder's office for guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.