Tag Archives: REAL ESTATE

Can my uncle transfer his house to me without me paying inheritance taxes?

Q: My uncle is about to have surgery for cancer, and he doesn’t want his children to have his assets as they are estranged, and I have taken care of him for the last several years. How can we avoid paying inheritance tax if we transfer his house to me? (McMurray, PA)

A: Have him consult with an estate planning lawyer as soon as possible. Transferring real estate is easy to do, however, the person making the transfer must be fully advised of the consequences. If he deeds his house to someone and survives one year after the transfer, there will be no inheritance tax. However, he really needs to be apprised of whether this transfer is right for him. He may need his house to sell to pay for nursing assistance or institutional care in the future, among other future scenarios. The attorney will need to know or determine. What is his immediate medical situation? How likely will your uncle need Medicaid in the future? If he transfers this house and within the next five years applies for Medicaid, he may be penalized by Medicaid which could force the sale of the house. Does he have long term disability insurance? Does he have other assets to liquidate in order to sustain medical treatment?

Can my sister keep me off my mother’s property?

Q: My family owns 52 acres. The property was my dad and uncles and my dad’s part went to my mom when he died. I lived there for over 23 years in the main house but moved into an RV on the property so my mother, sister, and her husband and kids could have the house. I alone paid the 2-year delinquent property taxes. Before that we had all pitched in on them. Then recently, my sister and I had a falling out and my wife and I left for a few weeks to let things calm down and in our absence my sister sold my RV, kept the money, and told my mother that if she allows me to come back to the property, that she will move away and no longer provide care for her. Don’t I have some legal right to be there since I paid the $10,000.00 in back taxes? Can I file charges against my sister for selling my RV?

A: Based on the facts you have given, if your mother and uncle are on the deed to the property, your mother and uncle are the only ones who can exclude you from the property. The only way your sister can legally exclude you from the property is if she is acting under a Power of Attorney for one or both, or gets a court order which bars you from the property. The fact that you paid real estate taxes for them alone gives you no right to be on the property without your mother or uncle’s consent. And yes, if you owned the RV, and have proof your sister sold the RV, you may have a civil claim against her, and she may have even committed a crime. If this was someone else’s RV, like your mothers, and you don’t own it, your sister may be liable for your belongings inside. She basically evicted you without following the law and converted your personal property inside the RV.

Can my mom gift her 40 acres to me and my brother?

Q: My mom is taking care of our step-father at her home and we don’t know how much longer she can. He has Parkinson’s Disease. My mom is 82 and she has health problems also. She is on Xarelto. (Somerset, PA)

A: This is too complex of a question with too little information to answer. If either or both of your mother and step father are on the deed, and in the next five years should need to apply for Medicaid, yes there may be an issue. Medicaid has a 5 year look back on transfers for no consideration (gifts). Also, if either needs to liquidate their property to pay for nursing care, that is their right, as it is their property. If they are concerned, have them make an appointment with an attorney who is versed in estate planning and Medicaid regulations.

My father’s only asset was his home. Do we need an attorney?

Q: The attorney I contacts wants a $4k retainer, and frankly I don’t really want to lay out that kind of money if I can take matters into my own hands to settle the estate. (Carnegie, PA)

A: It sounds like since there is real estate in your father’s estate, it is necessary to open an estate. Without knowing more about the estate, it is impossible to opine whether the fee that was quoted is fair or not. You need to call several lawyers and get prices. You do not need to hire the lawyer who wrote the will. Estate work, if done the right way, is very tedious and time consuming. the more heirs and the more assets, the more time is involved for the attorney. It is not a form filling practice like many lay people think. I recommend that you hire a lawyer but interview several before you do.

How do I go about getting a co-owner’s name off our house?

Q: I bought a house with a friend back in 2004. We have since parted ways and the house is paid off. She left over 2 1/2 years ago and moved to another state and left me with all the taxes and upkeep of the house. I want to get her name off the house but do not know how to do that. We have no contact with each other. She has changed her phone number and I have no idea where she is living other than in Florida. I have been putting a lot of money into keeping the house and paying off the back taxes so would really like to just have my house in just my name. (Pittsburgh, PA)

A: No matter how you are on the deed-as joint tenants or tenants in common-you are stuck unless you can get her to sign a new deed transferring ownership out of her name. I would try to locate her even if you need to hire a private investigator and see how much she wants. Perhaps she needs money and you can buy her out at a reasonable price. If she is unwilling, you can hire an attorney to commence a real estate partition action, which is expensive. However, if you start one, she may not have the money or want to spend the money to defend, and be more inclined to settle.

I want to sue 2 real estate agents who brought me an “ideal tenant.”

Both agents (my agent and tenant’s agent) knew that a tenant was being evicted from another condo in my building because they had placed him in it a few months before. He was locked out of that unit by the Sheriff and did $26,000 damage to it; and was then moved into my place within a few days, with the help of these two agents and a rental application full of lies. Tenant has not paid me rent for 5 months and I am suffering a loss of $100 per day in lost rent and legal fees, with no end in sight to evict him. He has 9 people residing unlawfully in my unit and his wife just filed for bankruptcy. I am a senior, doing part time work, and this property is for rental income I rely on. I cannot afford to litigate, so looking for a contingency arrangement. I am a CA licensed attorney I can draft much of the pleadings and otherwise assist. (Robinson, Twp.)

A: What a nightmare. I think you will find an attorney if the attorney can confirm the realtors and their employers have liability instead of hoping to collect from the deadbeat tenants. This type of case would be really be bad publicity for the realtors, especially if they are agents or brokers of a company. The contract you signed with them would need to be closely reviewed. Keep contacting attorneys until you find one. It sounds like these agents have liability based on what you say, but an attorney would need to review the entire case. An eviction should have been filed already.

Can I still record a quitclaim deed my sister signed four months ago?

Q: My sister signed a quitclaim deed transferring her property to me in December. I hadn’t recorded the deed due to not having money to pay the property taxes. Now she has dementia and is under state guardianship. Is the quitclaim deed still valid? (Pittsburgh, PA)

A: If she was competent when she signed it, it is a valid deed. It just has not been recorded yet. You can file it now. However, there are other factors you need to be aware of. In the event your sister may need Medicaid funding in the future, this transfer could have her penalized and ineligible to receive such benefits. You should consult with an attorney versed in Medicaid regulations.

What is the best way to transfer land back to my name?

Q: The land and was in my name. I transferred it to my mother’s name for tax purposes. She passed away with land still in her name. What is the best method of transferring in back into my name? I am trying to avoid attorney fees as well. (Jefferson Hills, PA)

A: If she was the only name on the deed, you likely will need to open an estate, pay inheritance tax and transfer the property out of the estate back to you. Hopefully there are no other issues such as Medicaid and debts.

What are my rights on a property if mom died without a will?

Q: Mom died without a will. She has a living son and step-father. Step-father did not adopt the son. Step father is not willing to divide the property or the items in the property. Just need to know what our options are? (Kittanning, PA)

A: If I understand this correctly, mom died without a will and was survived by a son and a step-father to the son, her husband? If I am correct my answer is as follows. Since mom has no will, the Pennsylvania intestate (no will) statute applies. That statute related to these facts would result in the husband getting the first 30K from mother’s estate (things in her name only) and the husband and her son would share the balance. You would need to make sure she is on deed alone, or on the deed with her deceased husband, for this result. If she and her husband are on the deed as husband and wife (tenants by the entireties), he now owns the property.

When can I own the land I’ve been mowing and maintaining?

Q: I moved into my house a little over 10 years ago, but the house has been in the family for much, much longer. The side lot has been owned by the borough of Munhall and for the first couple of years they mowed it. However, I started mowing it and maintaining it about 7-8 years ago. I’ve been using it ever since. I recently bought a boat and had a complaint about it being parked on the street. The policeman told me to put it in “my side yard”, so I did. Now today, the borough code enforcer showed up saying he had a complaint on the boat being in the “empty lot” and that I had to buy the land or move the boat. So, my question is do I have a leg to stand on for acquiring this lot due to me mowing and maintaining it? Or, am I going get stuck having to buy this lot? (Munhall, PA)

A: The 21-year Adverse Possession Doctrine states that if one possessed another’s property, open and notoriously for 21 years, he can legally claim it. You don’t have 21 years and this ancient doctrine has other pitfalls including litigation. Unless this is a desirable area and it is a lot upon which someone could build a home, I think with a little research you could get it from Munhall cheap. Currently it is not generating tax revenue for Munhall. If no one has offered to purchase it in 10 years, chances are no one wants it and the Borough may deal on it. Talk to the Code Officer, the Mayor and anyone you know on council. Before you do, research the value of similar vacant lots in the Borough and whether the lot is one that can even be built on, given its dimensions and applicable zoning code regulations including set-back requirements.