My father passed away recently and made me executor in his will but he didn't sign it?

Question

My sisters and I don't want to sell his house and I am the only one able to move in. We all agreed on this. How do we split the inheritance of the house 3 ways? Live in PA

Answer 1

Check with the county Orphan's Court, but the odds are, the will is not valid without a signature and at least two witnesses.  If the will is not valid, he will have died in testate and the estate will have to go through probate.  If that is the case, you will most likely have to pay the estate for the two-thirds of the house you don't own, which will then be distributed to your sisters.

Answer 2

1ST

The will is not signed, granted, but is there any handwriting IN it that can be analyzed it to prove it is known by your father?  

2ND

You said your sisters and you are all in agreement. Assuming there are no other relatives able to directly claim next of kin inheritance (He's was not remarried was he?) then a legal document signed by all sisters (and notarized would be good too) stating that you are the executor should safely do the trick.

That's my input....of course I'm not a lawyer so check it out with yours or any attorney who handles probate/wills.  The first consultation is free!

Answer 3

If he didn't sign it, then there is no will, and you are not named executor.

However, you and your family can come up with whatever agreement you wish...no probate court is going to question it if you are all in agreement.

Answer 4

If the will isn't signed, then it's not an official will.  This is going to cause a lot of complications for you and your siblings, and the 3 of you need a lawyer.  Split the costs 3 ways.

As for the house, one arrangement would be for you to buy out your sisters' shares, and then become the sole owner.  For example, if the house is worth $300,000, then each of the 3 shares is $100k.  So you would then pay your siblings $100k each, then be the sole owner of the house.  (you would probably have to take out a mortgage for $200k to get the cash.)

I'm assuming your father had other assets and maybe some debts as well.  Those will also need to be divided amongst the 3 of you.  For instance, you might keep the house, but one sister gets the car, so she'd buy out your share of the car, which you would use against the $100k (from the above example).

Even if you and your sisters are on very good terms, you should still get a lawyer, to make sure everyone agrees in writing to whatever arrangements you end up making.  You might want to also look into getting a CPA, as there will probably be some complications in all your tax preparations for 2008.

Answer 5

.   You can do a Probate with no signed will.  Pay $200 at the Probate Court and you will walk out with Letters of Testimentary Acceptance which allow you to sign papers on behalf of the estate.   You can leave the house in Dad's name for a while until you decide what to do.  If you have the key, move in.  You pay your sisters monthly as rent.  Or you increase their share of the inheritance and don't pay rent.  

Answer 6

An unsigned will is a nothing.  If there is no other will you will have to file a probate case without it.  You will need an attorney.

Answer 7

If the will isn't signed it goes to the wife?  if there's no wife it would go to the next of kin.  Assuming that was you 3 girls you would have to find out if he owe's money on the house.  Have the house appraised and divide by 3  for your 1/3rd you would essentially be getting the house however you need to pay each of your sisters their 1/3 of the value minus anything owed on the house.

Answer 8

An unsigned will is not valid.  His previous will (if any) will rule.  If he never executed a will, state probate law prevails.

Answer 9

You’ll have to get an attorney to figure out the whole unsigned will mess.

As for the shared ownership, after you’re legally awarded it, you can either all three be listed on title or you can purchase yours sister’s shares and own it solo. You should also work up an agreement on who would be liable for property taxes.  

Answer 10

An unsigned will is exactly the same as having no will at all.

You need to send this all through probate court.   If there are 3 children, no wife and property after the debts are paid you would need to pay 1/3 of the value to each of your sisters if you are going to claim the house.

You are allowed to obtain a mortgage in order to give them their fair share.