Tag Archives: REAL ESTATE

Can my brother force the sale of my mother’s house?

Q: My mother is in a nursing home. Before that I was her caregiver. I am still her power of attorney. I still live in my childhood home and have started a family of my own. My brother just got out of prison and wants the house. He only lived in the house for one year and never paid even one bill. I used my retirement from a previous job to pay off the house and I’ve paid every bill for almost 10 years. My mother has 4 children in total and everyone else has started a family and lives elsewhere. Does my brother have any rights? Can he force my family out of the house? Can he even try to sell without permission from me and the rest of my siblings? (Pittsburgh, PA)

A: What does your mother’s will say? I am assuming your father is not alive. If your mother is competent, she can sign a will which leaves the house to you. If your mother has a will which leaves everything to the children equally, you may not get to keep the house and be forced to buy your siblings out if you want to keep it. The same result could happen if she has no will, under PA intestate succession law. If the sale of the house would be the result, you have a good argument to recoup your investment in it from the proceeds of the sale. I would consult with a lawyer as soon as possible and before your mother’s condition digresses.

Can my brother and I sell the house where my mom has lifetime rights?

Q: She was diagnosed with dementia and was put in a nursing home. She will never leave this facility. She has some sort of lifetime estate in the deed. (Braddock Hills, PA)

A: It depends on the wording of the life estate. Many life estates are worded, “until death or unable to return home”. I would have the agreement reviewed by an attorney first. Obviously, if the life estate has been fulfilled, and it is clear she cannot return to the home, you can sell the home. Remember, there are inheritance tax consequences of her life estate, in that the life estate itself is subject to inheritance tax.

Neighbors tree roots cracking my driveway?

Q: My elderly neighbor recently passed away. I approached the executor of her estate to cut down tree! She stated she had more important issues to deal with. What is my recourse? Can I sue? (Swissvale, PA)

A: If you do have a cause of action, or law suit, it would be against the estate, which is good. When an estate is opened, all you need to do is file a claim in Orphan’s Court, which is a one-page document. You don’t need to sue in the traditional sense, by filing and serving a complaint and then having a trial, all in compliance with the rules of civil procedure. As to whether you have a legitimate case, you should sit down with and attorney to review all the facts. Causation is important as well as whether you have notified the deceased person in the past about the tree roots encroaching on the property. I would try to talk to the Executor. I would also get an opinion in writing that the tree roots have caused the damage and what it will cost to make repairs.

How do I get my son off my deed?

Q: I have a legal mess on my hands. Me and my son co-own a home. He has done over $15,000 worth of damage to a home we co-own. I had Service Master in here and got a quote. It is a biohazard environment due to his needles, urine, feces and any type of valuable scrap metal he ripped off the home to sell for drugs. We both pitched in $15,000 each for the home. He has done nothing but devalue the home. What legal rights do I have. I currently have a PFA on him due to the past year of receiving 5 beatings for money. I am disabled and no can no longer take this somebody please advise.

A: As far as what you can do about the physical abuse from your son, you can file for a Protection from Abuse Order, which it sounds like you have done. You can also file criminal charges if he assaults you or threatens you with serious bodily injury. As for getting him off the deed to the house, there are two ways this can be done. The easiest way is for him to sign a new deed to you. The other way is through court by filing an Action for Partition of Real Estate. This type of suit can be expensive and time consuming.

Can Medicaid take my profit if I sell my townhouse?

Q: I want to move into a low-income apartment. Will I lose my Medicaid? Because I made a profit on the sale of my townhouse? I owe my cousin money and she will get my profit money. (Monroeville, PA)

A: I am sure if you applied for and are receiving Medicaid funding they already know about this townhouse, assuming it is in your name and you didn’t falsify your application. They may already have a lien on this house. There are too many questions here, to give you a competent answer. Like, is the townhouse in your name? Are the proceeds going into a trust of some sort? When was the trust established? Please consult with an attorney versed in Medicaid regulations.

Will I be liable back property tax if I am her POA?

Q: My friend wants to make me power of attorney. She wants to give me all her belongings when she passes away for taking care of her now. She owes $6,000.00 back property tax that she says she cannot pay, I just want to know if I will be liable for that? (Swissvale, PA)

A:  As an Agent for a Principal under a Power of Attorney, you would have no personal liability unless you acted beyond your scope of authority. You cannot sign a will for her as her Agent. She needs to sign the Will. If you inherit the house through the will, you would be liable for the property taxes. I have seen taxing bodies sue heirs of real estate under a will, even when they do not take title by deed. If you inherit other money from her, you may be able to pay the taxes. You should get an idea of what her estate would consist of and what her estate expenses will be and review it with a lawyer.

Can I prevent my siblings from selling the family home?

Q: By way of my parents will I have 1/4 ownership of this home that I reside in. My mother has passed away and my father is in assisted care because of dementia my siblings are trying to sell this house worried about future Medical need for my dad who is 91 years old. I want to purchase this home but they’re not giving me enough time to get my credit in order. How can I prevent this transaction from happening or what can I do at this point? This has been my family home for 60 years I do not want to sell. I want to keep it and keep it in the family for my child and my grandchildren. (Pleasant Hills, PA)

A: I assume you mean your parent’s will and not their “living will”? Your 1/4 ownership does not kick in until your father dies. I will assume your father took full title when your mother passed. If the siblings are acting under a valid POA, and these medical needs are legitimate, they can sell the house. In that case, you need to get moving on finding a lender. If there is no POA in place and your father is incompetent, they would need to file for one of them to be his guardian in order to have legal authority to sell this home. This would give you more time. In any event, get moving and find a lender.

Can my aunt contest my grandmother’s life estate?

Q: I have lived with my grandmother for over 18 years now and raised both of my children here with her. When her children found out she left the house to me as a life estate they stopped talking to her. She pays all the bills in turn I take care of her and promised to never leave her and to never allow her to be put in a home. She wants to die in her own house. My family and I care for her every day. We do breakfast, lunch dinner, medicine, showers, changing her diapers, anything and everything that she needs. We are the only ones here to help. They want nothing to do with her and only contact her by phone occasionally. They send her cards in the mail and they live 2 miles away. Sometimes one of her other granddaughters will come here just to take her to the bank to get money. They want to wait until she passes because they know while she’s alive she will fight for me and what she wants for us. But she is 97 and shouldn’t have to go through this. It stresses her out thinking they are going to try to take away the home we have built. is there anything we can do to ease her mind and make sure that these people cannot hurt us anymore? (Penn Hills, PA)

A: It is difficult to tell who has the life estate, you or your grandmother. I strongly suggest that you and your grandmother meet with an elder lawyer or estate lawyer who can look at this deed and advise you as to what your options are. If she has the life estate, the normally will house transfer to someone upon her death, hopefully you. If you have the life estate you can live there until you die, then the house transfers to someone else.

What can I do to stop my neighbor from holding big swinger’s parties?

Q: The parties bring attendees from a few neighboring states. Our entire street is taken by cars parked on both sides. They come and go at all hours. They’re noisy and can be a very disturbing sight because of their wardrobe. I believe neighbor profits from activity since partygoers wear wristbands. I already asked neighbor to at least downsize his activities. He did nothing. Entire community is affected by this! (Monroeville, PA)

A: You could just keep calling the police when the noise erupts. My approach would be to get a copy of the Borough Zoning Ordinance and read it and become familiar with the applicable portions. I would do this before I talk to the Zoning Officer. It is very likely that the borough would have noise violations and possibly even parking restrictions if the street becomes that congested. You can also have neighbors unify and attend a  council meeting. You probably need to schedule ahead of time if you want to speak. The more attention the neighbor’s house gets, the more likely they are to curtail their operations and move elsewhere.

Property in both of our names

Q: My boyfriend threw me out of the house and said that the property is his now because I traded him a car for it. This is not true, it never happened nothing is in writing. We both made payments on the mortgage and taxes. How should the court handle this situation? (Pittsburgh, PA)

A: Whoever is on the deed owns the house. If your name is not on the deed and his is, you don’t have claim unless you are married to him. If you are on the deed with him as an owner, he cannot remove you from the deed without your signature. More information is needed-is the property held as joint-tenants with right of survivorship or as tenants-in-common? Is there a mortgage? I suggest you speak with a lawyer.