How do we transfer a deed to a home without a Will?

I am 1 of 8 siblings. My mom recently passed away before she was able to make a Will. My brothers who have been living with her wants to remain in the house and take over the home loan but not sure what we need to do to

accomplish this. All siblings are in agreement so that is not an issue. Another issue is financial. Once the funeral is paid, we will only be left with $1000. How do we determine which outstanding bills of my mom gets paid? Will we

be responsible for paying the rest? Since $30,000 is still owed on the house, can my brothers use that $1000 toward the mortgage or whatever legal fees may occur as result of transfering deed?

Asked on October 6, 2017 under Estate Planning, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  First, you are not personally responsible for the debt of the estate.  The estate is responsible. But remember: the estate has a valuable asset that can have judgements filed against it: the house.  Sometimes it is best to negotiate the debt so that the house does not become a target.  In any event, your Mother died "intestate" so the intestacy statutes apply.  In order to transfer the house one of you needs to be appointed fiduciary of the estate (the Persoanl Represebtartive) in order to execute an executor's deed for transfer to the siblings that you want to have the home.  You will likely also want a waiver from each of the other siblings or some form of written agreement between you that holds up under your state law.  The good news is that your siblings can stay in the house and continue to pay the mortgage without worry.  Transfer pursuant to inheritance does not trigger the "due on sale" clause in mortgages.  I would consider getting help with all of this.  Perhaps chipping in and consulting with an attorney on a hourly basis.  Good luck. 

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