House owned by deceased - no will - Posted by ed

import · June 2, 2005, 11:39am

Posted by DoubleJ on June 15, 2005 at 09:59:24:

Yes the county will take the house over if taxes arent paid. But someone previously stated that it could take a long time.

If someone gets hurt on the property, then who would it be ? The property is unoccupied isnt it? Wouldnt they simply be trespassers?

Who actually is holding title to the property now?

If it were me , and the property had no liens against it, and the taxes are up to date as you said, I would try to get title transfered to me. Then I would sell it to an investor for some pocket change. The whole process may take a few days of your time, but couldnt you use an extra few thousand dollars?

import · June 2, 2005, 11:39am

House owned by deceased - no will - Posted by ed

Posted by ed on June 02, 2005 at 11:39:11:

What happens, as far as ownership and liability is concerned, to a house that is owned by a person who is now deceased (spouse is also deceased) who has surviving children but had no will?

import · June 2, 2005, 1:19pm

Re: House owned by deceased - no will - Posted by Mary in CA

Posted by Mary in CA on June 02, 2005 at 13:19:37:

How was title held?
Does state allow summary transfers? (CA does by affidavit if estate is small enough).
If not someone would need to file probate. . . child or children or someone who bought rights to estate from all children.

Does that help?

BTW, differs by state. You’d get more precise answer if you said where property is located.

Mary

import · June 2, 2005, 11:49am

Re: House owned by deceased - no will - Posted by ed

Posted by ed on June 02, 2005 at 11:49:45:

I should have mentioned that the house is in rather poor condition and is unoccupied.

import · June 2, 2005, 1:37pm

Re: House owned by deceased - no will - Posted by ed

Posted by ed on June 02, 2005 at 13:37:30:

The house in is Pa. To my knowledge, there is no paperwork or record outside of Allegheny County tax records, which state that the owner is the deceased person and that the taxes are up to date.

import · June 3, 2005, 1:06pm

Re: House owned by deceased - no will - Posted by Mary in Ca

Posted by Mary in Ca on June 03, 2005 at 13:06:05:

> The house in is Pa.

Hopefully someone in PA will respond to you.

> To my knowledge, there is no paperwork or
> record outside of Allegheny County tax records,

Why would there be?

> which state that the owner is the deceased person
> and that the taxes are up to date.

I’m not sure I get your point.

If an owner of property dies holding property then the property has to be transferred to an heir (or the state) following death in one way or another.

If held as JTWROS, then an affidavid of death by the Joint Tenant is usually recorded and transfers the property.

If property was in a trust, then trustee transfers the property to the named beneficiary.

If not, then it can pass by a summary probate proceeding (if permitted by PA) or by a regular probate proceeding if required either by the $ amount or by local probate law.

I suppose you could wait for the tax-man to foreclose on a tax lien, but in some places that could take a while. (5 yrs in CA maybe?)

If you’re interested in the property, why don’t you do something?

Contact heirs and buy their interests; or

File a probate proceeding (and see how fast heirs will respond and object to your naming yourself administrator)

Take by adverse possession (but I think that’s a long time in PA - 20 years???)

Mary

import · June 7, 2005, 3:06pm

Re: House owned by deceased - no will - Posted by ed

Posted by ed on June 07, 2005 at 15:06:35:

OK, here’s the deal. It was my mother’s house (hers alone). No joint tenant. No trust. She passed away years ago. No will. My brother and his wife had previously moved in, and when my mother died, they continued to pay the taxes, do upkeep, etc. He recently died, and his wife has since moved out. They have adult children living elsewhere. My sister and I are now the only surviving heirs and neither of us is interested in the house. The house is not insured. Could either of us, for example, be liable should someone get hurt in it? If we just ignore the situation, what’s likely to happen to the property? If we decide to sell (and turn proceeds over to our sister-in-law) what steps should we take? Thanks.

import · June 7, 2005, 6:32pm

Re: House owned by deceased - no will - Posted by John Merchant

Posted by John Merchant on June 07, 2005 at 18:32:25:

You really need to talk to a lawyer in that locale and have him look at the title to the house…to tell you what has to be signed by whom in order for you to gain full legal title and be able to sell the house.

It appears your brother’s family has no interest so you may be able to get his heirs’ interest in the property cheap.

The sooner you act here the better in my experience as the longer you wait, the greater the chance that some other heir could get interested in this property.

import · June 9, 2005, 9:52am

Re: House owned by deceased - no will - Posted by DoubleJ

Posted by DoubleJ on June 09, 2005 at 09:52:08:

Why wouldnt you be interested in it? Is it mortgaged to the hilt?

import · July 18, 2005, 8:02pm

Re: House owned by deceased - no will - Posted by Leroy Ripley

Posted by Leroy Ripley on July 18, 2005 at 20:02:44:

Grandfather died no will . Owned house , my father only surviving child . House in Greene County Tennessee . Does house go to my father ?

import · June 9, 2005, 10:54am

Re: House owned by deceased - no will - Posted by John Merchant

Posted by John Merchant on June 09, 2005 at 10:54:45:

Why would I not be interested?

What have I got to do with it?

What I said was it appears the relatives have no interest as they’re not clammering to get rid of you or buy you out…so now might be a good time to strike in trying to buy them out.

import · July 18, 2005, 8:39pm

Re: House owned by deceased - no will - Posted by DoubleJ

Posted by DoubleJ on July 18, 2005 at 20:39:29:

Sounds like it. Im still learning about laws pertaining to estates. I think they are state specific though, and Im in Florida.

import · June 9, 2005, 1:41pm

Re: House owned by deceased - no will - Posted by DoubleJ

Posted by DoubleJ on June 09, 2005 at 13:41:13:

Sorry, my question was supposed to be directed to the OP. I am still learning how to post on this style of forum without creating confusion.

What I meant was to ask ed why not take the property? Cant he sell the house, or rent it, L/O ?

import · June 14, 2005, 11:10am

Re: House owned by deceased - no will - Posted by ed

Posted by ed on June 14, 2005 at 11:10:20:

The house is in bad shape, in an old neighborhood, and probably condemnable. It would probably take 30 to 40 thousand dollars minimum to make it rentable. Living a thousand miles away, I’m realy not interested in getting involved. What I’m trying to determine from this forum is what is likely to happen if no one does anything at this point; i.e., if the property is abandoned. Could/would the County seek reparation or anything else from living descendants? For lack of tax payment, would the County just seize the property? What if someone got hurt on the property; i.e. no liability insurance.

import · June 27, 2005, 12:08am

Re: House owned by deceased - no will - Posted by Bob Imm

Posted by Bob Imm on June 27, 2005 at 24:08:23:

Yes, if the taxes for 2003 (and probably 2004) are not paid, the property should go to tax sale this year. Tax liens are placed against the property “in rem” which means against the property itself. This is opposite to liens “in personam” or against a person. I live in Allegheny County. I am an investor in real estate. Your main concern should be the actions of code enforcement officers (fines). It would be in everyone’s best interest to sell it quick. This should be very easy to do (unless there are things I do not yet know). bob