Tag Archives: REAL ESTATE

Can my mother and I sell her home and dissolve the life estate?

Q: My mother is 89 years old and developed mild dementia and heart disease. The doctor does not want her to live by herself, so she has moved in with me. We set the life estate up about 5 years ago after a lawyer assured us it was the right thing to do. I am the only surviving child and do not plan to put mom in a nursing home and will use hospice if needed in the future. I do not want to rent the property because it is about 100 miles from me and would be more trouble than it is worth. Can I sell the property since I am providing my mother with a place to live and am also her caregiver? (Baldwin Borough, PA)

A: I would need to know is the life estate in the deed or a trust and look at the documents. If in a deed, does the life estate terminate upon conditions of her death or her being unable to live in the home independently? If in a trust, the trust will have similar conditions which constitute the ending of the life estate. Who does ownership pass to when the life estate conditions have been fulfilled? If one of the conditions of the life estate terminating is her being unable to live in the home independently, then that condition has been fulfilled and you should be okay. However, you should review the paperwork with attorney for a more definitive answer.

What will happen?

Q: My Father is in his late 50s and not in the best health. He inherited my grandmother’s property some years ago. His girlfriend somehow signed her name onto the deed of the house during the transaction. My Father says he was unaware of. I’d hate to see this property go to this girlfriend if something were to happen to him. I asked him about a will and he said that’s not something a son should ask their parents. So, if my dad passes away, does the property and everything on the property go to the girlfriend because she’s on the Deed of the house? (Murrysville, PA)

A: I don’t know. I suggest having an attorney look at the deed. It should be on file in the Westmoreland County Recorder of Deeds. If her name is on the deed as an owner, she has some interest in the property. If she is a tenant-in-common, she will own a divisible one-half interest with your father’s estate when he passes. If she is a joint tenant, with survivor rights, she will own the entire property when he dies. If there is no mortgage or liens, she will own it free and clear. As far as trying to rescind the deed with the argument that she somehow got her signature on the deed without his knowledge, that usually is an uphill battle. However, an attorney examining the deed can determine if it was legally executed, discuss your father’s competency at the time and perhaps shed some light on the situation for you.

Mom and I are on the lease. What if she dies?

Q: I take care of my elderly mother and we are both on the lease and both contribute to the rent. If she were to die I wouldn’t be able to afford the rent by myself. If a co-leaser dies, is the other person responsible for paying the rent on the remainder of the lease or is there an option to break it? (Pittsburgh, PA)

A: The answer should be contained in the lease which likely contains joint and several language. Generally, each person on the lease is independently liable for the entire lease amount if the other tenant fails to pay. If your mother’s health is precarious, you may want to reach out to the landlord and inform him of your situation.

Can I be evicted from heir’s property if I am an heir and have paid the taxes for 14 years?

Q: My 83 and 91-year-old aunts are trying to sell the land. Neither one has ever paid taxes on this property nor have they lived here since the 50’s. I inherited the mobile home on the property after caring for my 76-year-old dad who died in 07 I moved to care for him after my mother died in 04 when I became an heir. I am 66 years old, never delinquent on taxes for property or my inherited mortgage for this land. I paid taxes, my mother paid them before, my grandmother paid them since the ’50’s. I am a veteran and a retired CPS worker and suffer from PTSD and anxiety. Can my aunts evict me just because they are older heirs? On my retirement income I can’t afford to move, and my mobile home is bricked in. Thank you for any advice that you can give me. (Lucerne Mines, PA)

A: There is not enough information for me to answer this. I suggest you gather the deeds, wills and any other documents you can and see a lawyer. It will likely come down to who at this time owns the property. If your aunts are the only heirs, they own it and I don’t understand why you had been paying property tax on it. If you are an heir along with your aunts, you have options. In that case, the three of you will need to reach an agreement. If they want their money, you may be forced to buy them out. If they don’t want their money out of the land, perhaps they will agree to execute a new deed which has your share pass to their heirs after their death and give you a life estate to live on the property. If they are agreeable to letting you live there, and do not want money, you have some options.

Can we use inherited money as down payment to buy house from estate?

Q: My mom inherited a beach house in Avalon NJ with her 4 other siblings. She wants to keep the house, but they want to sell it. She doesn’t have the funds to buy out all 4 siblings, so to keep the house in the family I was looking to purchase the house, using her inheritance money that she would give to me from the house as a down payment. Can this work? (Murrysville, PA)

A: It would be up to the other 4 siblings to agree on a sales price that is fair to all. If you agree with that price, I do not see why this could not work if everyone wants it to. This happens from time to time during the administration of estates. One heir wants to buy the family home using their inheritance as part of the consideration. It can work.

Can my father transfer property to me without his wife’s signature?

Q: The property in question, was his before the marriage and they have never lived on it or made any improvements. I have been the sole resident for 28yrs. She has contributed nothing to it and has been there maybe once. (Cecil Twp., PA)

A: There is a PA Divorce Code issue here. Although the property would be considered non-marital, as he owned it prior to the marriage, his spouse may have an interest in it. Her interest would be in the increase of value of the house from the date of the marriage to the date of the sale/transfer/gift (if any increase at all). In my practice, I have the spouse sign off any interest she may have acquired under the PA Divorce Code.

How do I handle a neighbor’s roof runoff between our houses?

Q: I suspect this neighbor (who recently had their roof and gutters redone) is now running a drainage hose from their property into a utility easement between our houses. They are on a hill behind my house with a utility easement between us. My yard is getting flooded every time it rains and the neighbor next to me is getting a flood of water down his hill, which then also runs into my yard. (Pittsburgh, PA)

A: There are general land use laws that hold that one land owner cannot create a situation which allows water to run off his property and on to the property of others. Before hiring an attorney, you need to take photos, keep a log of all activity, and contact your local zoning enforcement officer. He can look at it and advise you. If what you are saying is accurate, the zoning officer should contact the neighbor and tell him or her to stop and if necessary issue a cease and desist letter. If that doesn’t work, there is a citation process which may be authorized under your borough zoning and/or land use code. You may also ask the zoning officer to direct you to the applicable sections of the zoning code and perhaps get a copy from the borough or township.

Should I put utilities in my name?

Q: I lived with elderly mother all my life. All the utilities were in her name, but I paid the bills. She died 2 years ago. I still live in the house and still pay the bills. Shortly after her death I told the alarm company that she died, and they said there was no need to change anything because I had continued to pay the bill. But now I’m wondering if I should try to change the name on the utilities and how. (Sharpsburg, PA)

A: As you can see, the utility provider mainly cares about being paid, not who is paying. I know of no such law that mandates you change the name on these accounts. Perhaps someone else does. I would however change the name on the accounts. It will establish a credit history with the providers attributable to you as a payee. As far as real estate taxes go, you need to update who is living in the house. This is to avoid wrongly benefiting from any senior citizen’s discounts if you are not a senior citizen. I would also inform the property insurer as to her death and request the account to be switched into your name. For all you know there is a clause in the policy that negates coverage if your mother died or moved.

Do I need a bill of sale to prove a prior transfer of real estate?

Q: I am purchasing a piece of property from an individual, he is the youngest of three children. His mother has dementia and is in an assisted living home, he has power of attorney. He has a warranty deed that states that he received the property from his mother for a sum of money. My closing agent has a copy of this deed and is asking for a bill of sale or bank account to show the transfer of money, in case one of the other children try to take the property. Is this necessary or does the warranty deed take care of this? (Pittsburgh, PA)

A: No, it is not required, however, I think your closing agent is exercising due diligence as I would in this situation. Two potential concerns. One, is that it was a transfer without consideration (no actual money paid). If that happened, and his mother needs to apply for Medicaid in the future, or is receiving Medicaid benefits right now, Medicaid would ask for the record of the transfer. If no consideration was paid, there could be a problem and the home could potentially be subject to a Medicaid lien The second concern is that the other children didn’t agree to or don’t even know about the transfer. I think it is best to be cautious.

If parents in nursing home on Medicaid who is responsible for home upkeep?

Q: My parents put their home and property in a life estate with my sister, my deceased sister’s son and myself. They have since been confined to a nursing home and on Medicaid. (life estate set up 10 years prior to Medicaid so the 5- year look-back is not an issue) My main question is who is responsible for the maintenance, upkeep and financial obligations of the property? My sister and I have been keeping it up, but the nephew has refused to do anything. (Baldwin, PA)

A: I would need to review the life estate before advising you adequately. Is the life estate in their will or in a deed? If the life estate is in a deed that was filed 10 years prior to Medicaid eligibility, the only part of the transaction you need to be concerned with would be the value of the life estate. If your parents held a life estate, they had the right to live in the home that you now own, until the conditions which terminate the life estate are fulfilled. Their life estate has value. Maintenance issues would generally fall upon the owners unless the nephew tenant was obligated to do maintenance pursuant to a lease. Again, you need to have the documents reviewed to get a more thorough answer.