Tag Archives: REAL ESTATE

Can I still inherit from my Dad’s estate?

Q: At the time of my Dad’s death, my step mother was still alive. He had no will. The administrator never told the children of any inheritance. My step mother has now passed. Are we still entitled to any proceeds from the sale of his home? (West Mifflin, PA)

A: As your father had no will, who stands to inherit from your father depends on PA intestate (no will) law. The PA intestate statute sets out who inherits and what percentage. It is likely that the children as well as the second wife will inherit from the estate. However, if the house was owned by husband and wife (both on the deed), it is likely to not pass into the estate but instead bypass the estate and pass directly to the surviving spouse under the law of entireties. You could look up the old deed with a trip to the Allegheny County Recorder of Deeds. You can also look in the Register of Wills to see if an estate was opened for your step-mother. You can also consult with an attorney.

How to address unexpected liens?

Q: I purchased a foreclosed house. Paid house value plus 42K in liens at the Allegheny county sheriff sale. The HOA had a lawyer send me a shocking letter telling me I owed them14K in liens! Why am I paying this? What is the law? Please explain it simplistically. (Pittsburgh, PA)

A: This is why people who are not experienced with foreclosure property hire an attorney before bidding on Sheriff sale real estate. You probably paid delinquent real estate taxes and liened municipal services but probably did not do a title search which would have showed other liens which could be from a variety of sources-civil judgment, back child support, unpaid taxes, municipal services, etc.. Hire an attorney now to verify the liens and if they are so verified, you will have to pay them. Hopefully, you will not now have a Sheriff’s sale house which cost you $56,000.00.

Can real estate transfer by POA days before death be overturned?

Q: Our dad was hospitalized with a stroke and pneumonia, and he has a will. My sister and I knew we were getting this property in the will, but the will was 125 miles away and we did not want at that point to leave his side for that length of time to see what the rest of the will read for fear of him dying before we returned. He could not speak because of the stroke so we had to ask questions and he would answer yes or no by hand squeezes. He instructed us to transfer his house through power of attorney to our joint names and we did. It turned out we probably should not have, because I think he was not thinking properly at that point do to drugs and the stroke, and my sister and I were grief stricken and tired from being by his side until he died. Since we were getting the house by will anyway, in hind sight it did not seem to make any sense to transfer it, so we figured he knew something we did not. But, I do not think he was thinking right at that time. (Pittsburgh, PA)

A: Assuming the POA authorized you to transfer real estate or make gifts to yourselves, and even if it didn’t, if no other family members are complaining or you haven’t violated state law, you should be OK. No harm, no foul. If, on the other hand, you transferred his real estate to yourselves with the POA when other family members were to inherit the real estate through the will, there might be a concern. In PA, a transfer in anticipation of death (within 1 year) will subject the entire value of the property transferred to inheritance tax with a $3000.00 exclusion. The only other concern would be Medicaid. If your father was receiving Medicaid benefits, they may have a claim against his estate. If you transferred property out of his estate, Medicaid will have a claim against the real estate as part of his estate as it was transferred in anticipation of his death. If you did this transfer with knowledge of his Medicaid status, you have committed Medicaid fraud but will probably not be prosecuted criminally if the house is still in your name.

What can be done?

Q: My wife and her sister are joint owners of a house and property left by their mother. The sister does not care anything about the property and pays nothing on the up keep of property. We pay all the taxes, home owner’s insurance and all utilities and have been doing this for 5 years plus. We made a fair offer to sister to buy her out and she refuses! Is there anything we can do to force her to remove her name from the deed or how can I get her to pay me back for all the money and upkeep we have put into house? (Pittsburgh, PA)

A: I would show the deed to an attorney to check how you own the deed. If you are tenants in common, you can sell your half or bring an action in equity against her for reimbursement of your upkeep of her half. If you are joint tenants with rights of survivorship, your only remedy that I am aware is a partition action. These actions are rather expensive as you will need to pay for appraisals and pay a court appointed mediator to review the entire matter.

Can my boyfriend just throw me out of the apartment?

Q: He asked me to move in with him. I moved out of my apartment and in with him 5 years ago. But sometimes we have issues because his grown daughter & sister are living with us. It’s been up & down putting a strain on our relationship. He has threatened to put me out if he wants to. Can he do that? (Munhall, PA)

A: If this is a lease and you are on it with him, he cannot throw you out. If he is on the lease only or owns the house, he must follow the law and evict you through the court process. If you have invested any money in his home or apartment, you may have a claim but would need to review this with an attorney.

Is a quit claim deed valid if all the property transfer isn’t transferred?

Q: There is a property with right of survivorship and 3 siblings own it. One of them filed a quit claim and transferred their portion to someone without the other two knowing. I was told that that is not valid. However, is the quit claim part still valid? Will he have any rights to the property after signing a quit claim? (Murrysville, PA)

A: I think it depends how the property was titled. If it was jointly held by the siblings, as joint tenants, no one of sibling can transfer a share to anyone else without the other siblings joining in the deed. However, if the property is held as tenants-in-common, any one of the three tenants can convey his or her interest 1/3 to whomever they wish.

How can get off the mortgage?

Q: I co-signed on a mortgage and then the borrower passed away. She has kids however, but no will nor estate has been opened. Her kids are fighting over the house. How do I remove myself off the mortgage? What is the process? (Pittsburgh, PA)

A: You are in a tough position. You cannot just remove yourself off the mortgage. You signed a document that holds you liable, now that she is deceased. Your options are to pay the mortgage off or somehow talk the lender in to releasing you, which they will not do unless the heirs want to assume or refinance and get on the mortgage. If the deceased person’s name is on the deed, an estate must be opened to sell that house. It is important that her children find an experienced attorney to help them establish an estate, get the house on the market and sell it as soon as possible. This will greatly benefit you as once the house is sold the mortgage will be paid off and you are off the hook. I would consult with an attorney if I were you.

Can they remove my son’s name from grandmother’s deed?

Q: My grandmother made a deed to her property 3 years ago. She has lifetime stay. At her death her adult son has lifetime stay. At his death it goes to my 15-year-old son. My grandmother now has dementia in a nursing home. My uncle says he’s going to the court system to take my son’s name off so my uncle can be sole owner of property. He says he needs to do this to keep Medicaid from taking her assets for payment of her care in nursing home. Can he go to a judge and have this deed redone in his name only, taking my minor sons name off the deed with my signature as guardian?

A: I think is possible, assuming your uncle is acting in your grandmother’s best interest in dealing with Medicaid matters and not to benefit himself. However, much more information is needed. Assuming Medicaid is in the picture here, this transfer was done within the 5-year Medicaid look-back period. That could potentially penalize your grandmother to the extent of the fair market value of the house which was transferred. Additionally, there are two consecutive life-estates, from what you describe, one to grandmother then one to herself. In many states, a life estate has a monetary value. Of course, the uncle would need to possess some authority over your grandmother to do anything on her behalf, such as a Power of Attorney or her Guardian.

Parents passed. Can our sister stay in home forever?

Q: It’s been a year since mom and dad passed. My sister moved in with them uninvited, several years ago, and has controlled and abused the house and their finances since they became ill. She hasn’t had any intention of moving so we can go thru their things, to set up sale of the property. My brother is executor, and is very soft spoken, and still paying the utilities from the parent’s savings. Paying for car repairs and new tires for her to drive parent’s cars! It is not right . She has always taken advantage of my parents, even when she has her own money. Never paying or calling pay utilities, car gas, etc. She is driving the wheels off their cars. And, now my brother is still enabling her to continue this behavior. She also won’t move out of their house. It’s keeping us from getting the house and contents ready for auction. Can she keep us from going in the house, to prep for sale? And should my brother still be paying all her utilities and upkeep on mom and dad’s cars for her to drive? (Pittsburgh, PA)

A: Assuming the home is part of the residuary estate, and not specifically gifted to someone by the will, an executor has a strict duty to take control of estate real estate and prepare it for sale. This includes in a prompt and efficient manner, the cleaning of and preparing the property for sale, maintaining the property, listing it for sale and depositing the net proceeds in the estate account. This duty can become a little murky when family is involved such as in your case, with a sister living in the home. The duty still exists but can be extended or modified if all heirs agree. If not, the duties of the executor can legally be invoked.

What happens if a closing is delayed by the seller in a cash deal?

Q: My closing has been delayed, due to the seller delayed in providing documentation to the title company. (Swissvale, PA)

A: The issue would be whether the seller breached the sales agreement. Your sales agreement should specifically define the terms of what constitutes breach. In your case it may be a failure to close within X amount of days. The sales agreement will also spell out consequential damages that apply for such a breach. These damages may be limited to the return of the hand money or could possibly provide consequential damages. Have an attorney review the document immediately, especially if you want out of the contract. You may have so many days to react to the breach.