What to do when a co-owner of property dies?

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What to do when a co-owner of property dies?

Aunt died. The trailer that she owned also is in mine and my daughter’ names.  It is in bad shape and needs to be torn down; we’d like to do it as soon as possible. Is there any reason  thatwe’d have to wait? The things inside went to my sister. When she gets them out, can we tear it down?

Asked on December 15, 2010 under Real Estate Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  I am going to assume that you owned the house jointly as tenants in common with no rights of survivorship.  So what you are going to need to do is to probate your Aunt's estate in order to have the deed changed from the three of you to the two of you in order to do what you need to do to the trailer.  Did she leave a Will?  If she did and she left her interest to you two then you are good to go.  But if she did not then you need to determine who her heirs in intestacy are and then figure out the next step with the trailer.  I might suggest speaking with an attorney in your area on the matter.  Good luck. 


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