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Cdg

Rights of offspring after parents death in estate decisions

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Mum died, 4 siblings left of 9, the 4 are named to manage estate and distribute funds from house sale to children of all 9 including g their own.I trust them to do this...however some offspring feel they have rights in deciding sale of house business...why I don't know...aunts are tasked and will do fine...are thsee offspring right when they want a say its their 9th...and they want a say ...it seems mute point

We in PA

Edited by Cdg
Mispelling

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1 hour ago, Cdg said:

...are thsee offspring right when they want a say its their 9th...and they want a say

 

No, they are not right.

 

They have no say.

 

Those managing the estate may be wise to nip this in the bud by having a lawyer write to the offspring explaining why they have no say.

 

Shouldn't cost much to have that done and it should put a stop to the nonsense.

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Sorry, but your post is a grammatical mess, and it doesn't help that you didn't use any sort of appropriate punctuation or capitalization.

 

At the beginning of your post, you referred to "siblings."  I initially thought that referred to you and other of your mother's children.  But then you refer to "offspring."  So...maybe what you're saying is that your mother was one of nine children and that four of her siblings are still alive.  Is that correct?  Did your mother leave a will?  Does the will really say that the estate gets distributed between not only your mother's children, but also all of her nieces and nephews?

 

With that in mind, I think I can still answer your question.

 

 

12 hours ago, Cdg said:

some offspring feel they have rights in deciding sale of house business...why I don't know...aunts are tasked and will do fine...are thsee offspring right when they want a say

 

The only person(s) who get to decide how the estate is administered is/are the person(s) appointed by the court to serve as executor(s) of the estate.

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I respectfully disagree that the court appointed personal representative of the decedent's estate is the only person authorized to deal with the decedent's real property.  In Pennsylvania, as in my state of Virginia, the law provides that title to realty passes directly to heirs and devisees upon the death of the decedent.  Unless the real estate must be sold to satisfy debts, the personal representative  has no authority over the real estate of a decedent.  The Pennsylvania code provision is:

 

"§ 301.  Title to real and personal estate of a decedent.

(a)  Personal estate.--Legal title to all personal estate of a decedent shall pass at his death to his personal representative, if any, as of the date of his death.

(b)  Real estate.--Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this title and lawfully by the will and to all orders of the court."

 

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2 hours ago, RetiredinVA said:

I respectfully disagree that the court appointed personal representative of the decedent's estate is the only person authorized to deal with the decedent's real property.  In Pennsylvania, as in my state of Virginia, the law provides that title to realty passes directly to heirs and devisees upon the death of the decedent.  Unless the real estate must be sold to satisfy debts, the personal representative  has no authority over the real estate of a decedent.  The Pennsylvania code provision is:

 

"§ 301.  Title to real and personal estate of a decedent.

 

How odd (at least from my perspective).  In any event, we still need to know if the OP's mother had a will and, if so, what it says about the property in question.

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I suppose the laws of Virginia and Pennsylvania (and probably other Eastern states) sound strange to Californians.  But our laws are much more closely attuned to the good old statutes of uses and statute of wills (1535 and 1540 a.d. if I remember correctly) than the laws in those new fangled States on the frontier.

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43 minutes ago, RetiredinVA said:

I suppose the laws of Virginia and Pennsylvania (and probably other Eastern states) sound strange to Californians.  But our laws are much more closely attuned to the good old statutes of uses and statute of wills (1535 and 1540 a.d. if I remember correctly) than the laws in those new fangled States on the frontier.

 

Those are the things that make law students cry!

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6 minutes ago, pg1067 said:

Those are the things that make law students cry!

 

I thought it was Professor Kingsfield that made law students cry.

 

"Mr. Hart, here is a dime. Take it, call your mother, and tell her there is serious doubt about you ever becoming a lawyer."

 

:)

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I first practiced law in Virginia after graduating from a law school in California.  it was like first year civil procedure all over again.  And if you wanted authority, if the Virginia Supreme court ruled on a matter in 1912, they saw no reason to address it again.

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