Inherited Property & Family Real Estate Problems in Pennsylvania
Practical legal guidance when property passes through families, estates, and incomplete transfers.
Inherited real estate often creates legal and practical problems that families do not anticipate. Homes and other property are frequently passed informally, added to deeds years earlier, placed into trusts that were never fully funded, or left unresolved after a death. When these issues surface, they can delay sales, block refinancing, trigger disputes among family members, or force court involvement.
Many clients come to us believing they have a simple real estate issue, only to discover that the underlying problem involves probate, estate administration, prior planning decisions, or conflicting ownership interests. Resolving these matters requires coordinated legal judgment across real estate, estate, and sometimes litigation considerations.
For general background on estate planning, see our
Wills, Estates, Trusts & Probate page.
For estate settlement after a death, see
Estate Administration and Probate.
For broader property disputes and title issues, see
Real Estate Issues.
Common Inherited Property Issues We See
We regularly assist clients facing situations such as:
- Property inherited by multiple siblings or family members with no clear plan for sale or use
- Homes still titled in the name of a deceased parent or grandparent
- Deeds that added children or relatives years earlier without full consideration of control or long-term consequences
- Trusts that exist on paper but were never properly funded with real estate
- Disputes between heirs, beneficiaries, or surviving spouses
- Real estate subject to probate delays, liens, or unclear authority to sell
Why These Problems Happen
Inherited property problems usually arise from good intentions rather than bad planning. Families often try to avoid probate informally, rely on outdated advice, or postpone decisions for years. Over time, ownership becomes unclear, documents go missing, and circumstances change. What seemed simple at the time can become legally complex when a sale, refinance, or dispute forces the issue.
Pittsburgh families in particular often hold significant value in long-held real estate — row homes, multi-unit properties, and family parcels accumulated over generations — that was never formally transferred or coordinated with an estate plan. These situations are common and resolvable, but they require legal work that goes beyond a standard deed preparation.
Dealing with inherited property in Pennsylvania?
Call 412-351-4422 or schedule a consultation to speak with a Pittsburgh real estate attorney.
Coordinated Real Estate and Estate Guidance
Fixing inherited property issues is rarely just about preparing a deed. The solution may involve probate or estate administration, confirmation of fiduciary authority, corrective instruments, court approval, or resolution of competing claims. In some cases, litigation becomes necessary to force a sale, partition property, or resolve ownership disputes. When a dispute becomes unavoidable, see our
Civil Litigation page for how we approach court proceedings.
Our approach is practical and direct. We focus on clarifying ownership, restoring marketable title, reducing conflict, and positioning families to move forward — whether that means selling the property, transferring it internally, or resolving a dispute. Where business interests or entity structures are involved, we coordinate with our business succession planning practice as well.
When to Seek Legal Help
You should seek legal guidance if inherited or family-owned real estate is preventing you from closing a transaction, creating ongoing conflict, or exposing you to liability. Early advice often prevents expensive delays and avoids unnecessary court involvement.
If your situation involves inherited property, long-held family real estate, or unresolved ownership questions, it is often best to address the issue before a sale or dispute escalates. Property records for Allegheny County can be searched through the Allegheny County Real Estate portal to confirm current title and ownership history.
Inherited Property – FAQs
How do I sell a house that is still in my deceased parent’s name?
Before the property can be sold, title must be cleared through the estate. This typically requires opening probate with the Allegheny County Register of Wills, obtaining Letters Testamentary or Letters of Administration, and having the executor or administrator authorized to convey the property. In some cases a corrective deed or court order may be needed depending on how title was held.
What happens when siblings disagree about what to do with inherited property in Pennsylvania?
If co-owners cannot agree whether to sell, keep, or divide the property, Pennsylvania law allows any owner to file a partition action. A court can order the property sold and proceeds divided, or in some cases physically divide the land. We negotiate buyouts and voluntary agreements first and pursue partition litigation only when necessary.
My parent added me to the deed years ago. Do I own the property now?
It depends on how the deed was structured. Joint tenancy with right of survivorship passes automatically at death. Tenancy in common means you own a share but the deceased’s share still passes through their estate. Either way, the tax and creditor implications of how you were added to title matter and should be reviewed before you attempt to sell or refinance.
What is a stepped-up basis and does it apply to inherited real estate?
Yes. When you inherit real estate, the tax basis is generally stepped up to the fair market value at the date of death. This means if you sell the property shortly after inheriting it, capital gains tax is often minimal or zero. This is one reason why inheriting property is often more tax-efficient than receiving it as a gift during the owner’s lifetime.
What if the house was never put into the trust my parent created?
A trust only controls assets that were actually transferred into it. If the real estate was never retitled to the trust — which is common — the property may still need to go through probate despite the trust existing. A pour-over will may direct it into the trust through probate, but the probate step is not avoided. We help families address unfunded trusts and determine the most efficient path forward.
Is Pennsylvania inheritance tax owed on inherited real estate?
Generally yes. Pennsylvania inheritance tax applies to real property passing to most beneficiaries. The rate depends on the relationship — transfers to a surviving spouse are exempt, transfers to children are taxed at a lower rate, and transfers to siblings or unrelated individuals are taxed at higher rates. Returns are due nine months after death, with a discount available for early payment.
What if there are liens or unpaid taxes on the inherited property?
Liens and unpaid property taxes do not disappear at death — they follow the property. Before a sale can close, all liens must be identified, addressed, and either paid or negotiated. We assist with lien searches, creditor claims during estate administration, and title clearance so the property can be sold or transferred cleanly.
Can one sibling force the sale of inherited property over another’s objection?
Yes. Under Pennsylvania law, any co-owner can file a partition action to force a sale or division of the property. Courts generally favor a sale when physical division is not practical. We represent both parties seeking partition and those trying to negotiate a buyout or alternative resolution.
What if no one has lived in or maintained the inherited property for years?
Vacant inherited property creates ongoing liability, tax exposure, and potential code violations. Title must still be resolved before the property can be sold, donated, or transferred. In some cases properties with delinquent taxes may be subject to municipal or county tax sale proceedings. Early legal review helps prevent loss of the property and limits ongoing carrying costs.
Ready to Resolve an Inherited Property Issue?
Whether you need to clear title, resolve a family dispute, or simply understand your options, contact our office to discuss the situation and the most practical path forward under Pennsylvania law.