Roadblocks Cleared for Beneficiary of Estate Property

Case Study

Our office routinely helps our clients resolve roadblocks to selling their estate inheritance property. It is not uncommon for properties passed by a will to be encumbered by legal problems. Some of the legal problems our clients may face include estate properties that were co-owned by the deceased and title problems that prevent clear title to the property.

We recently handled a case in which our client was the beneficiary of an estate property, but legal problems prevented the property from being sold. Our client’s beloved grandmother left a will leaving her interest in a home to our client. However, the property was titled in the name of the grandmother and her former husband who was also deceased. Because the grandmother and her former husband co-owned the property after divorce, our client held a one-half interest from her grandmother. The other one-half interest belonged to the heirs of the former husband. Unfortunately, the heirs refused to cooperate with our client in selling the property or arranging a buyout.

To further complicate matters, a title search uncovered an old mortgage for $65,000 which had been taken out by the former husband. The mortgage was paid in full but was never recorded as “satisfied” by the lender. This resulted in a lien, or debt against his property that needed to be resolved. Our client could not receive his full profit from the sale of the house until the debt was resolved. But the lender was now defunct, so obtaining a satisfaction was difficult. This meant that the mortgage was valid so far as the public records were concerned.

Our office filed a legal action against the opposing heirs to sever the interests in the property and request court permission to sell. We also pursued a claim against the defunct lender seeking a court decree that the lien was invalid and unenforceable. Through the legal processes, we were able to successfully petition the Orphans’ Court for approval to sell. The mortgage lien was also declared invalid by the Court which prevented our client’s proceeds from being placed into escrow after sale.

As a probate law firm for estate executors, we help settle estates efficiently and reduce stress. If you know someone faced with a probate process or roadblocks to an estate property sale, please have them contact us for a free evaluation at:

Phone: (215) 918-4242

Email: info@pennsylvaniaprobatelawfirm.com

If you are not quite ready for a consultation, download our complementary probate handbook HERE. We’ll send you helpful probate guides and resources so you know how to handle the estate.

Disclaimer: While we’re proud of our past victories, please note that past results are not indicative of future results and each case is unique.