How do you transfer ownership of a home if both parents have passed and there is no Will?

UPDATED: Oct 1, 2022

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How do you transfer ownership of a home if both parents have passed and there is no Will?

I am trying to assist a young man who lives up the street from me. He is in his

late 20’s and both of his parents have passed; his mom several years ago and his dad 2 years ago. There is no Will and the home that the guy is living in is in his parents’ names. He is autistic and, although does pretty well on his own, he does not have any income. He gets an $800/month disability check that is sent to his brother, not sure why that is. Long story short, the home will go up for a tax sale next month. I am trying to find out how he can sell the home? That way he would at least get something. If the property goes up for tax sale and is

sold, he will be on the street. Basically, what would need to be done to allow him to transfer the home into his name to either live there or sell?

Asked on August 27, 2018 under Estate Planning, Pennsylvania


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

Answered 4 years ago | Contributor

You are very kind to try and help him here but he needs to get help ASAP from an attorney.  CHeck your area for free services for those with disabilities and get what ever organization there is on board.  Likely the brother is a trustee and receives the funds on his behalf.  He absoultely needs to be on board.  If the young man gets services then he may not be able to hold the house in his name.  It all depends on if he ever earned income.  That is a Federal Law that determines the type of Social Security Disability one receives.  He may not even be able to receive an inheritance unless it goes in to a Trust and the Court would have to order that in a probate proceeding.  Call his brother and tell him he needs to step up to the plate here.  This is very complicatd and done incorrectly can have adverse effects on his future. As for the house, it can stay in the parents names indefiniately should neither brother care so long as the taxes and mortgage are paid up. Not an ideal situation but it does not affect the status quo. Good luck.

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