Q&A about PA real estate laws

Q: My mother and I are on a title as Joint tenants with survivorship. If I 'm the survivor, can a will override the title?

She does not reside here and we had a falling out and she's making all sorts of dangers that she's gonna charge me and take me off the deed rent, etc. I'd only like to understand what my rights/options are regarding this issue. Many thanks.
Attorney Answer Dr Kenneth V Zichi J.D.

A: A Will cannot override a deed. Nevertheless, an action for partition can file to separate the possession of the entire property. The consequence of that might be to convert the property from a joint tenancy into a tenancy in common. At that point a sale could be ordered by a court. Further, she is entitled to rent at half the the reasonable rental value, and each of you is responsible for half the taxes and costs of public utilities and repairs, etc. You require an attorney to sort through this.

Q: My stepson's Mother died. No Will. A decrepit property is in her name. Is he legally responsible for this place ?

He is her only survivor. There is a 20,000.00 mortgage on the place and it's not worth more than a few thousand.
Lawyer Answer Dr Kenneth V Zichi J.D.

A: Your son MAY inherit the property and if he does, he would be required to pay off the mortgage (or renegotiate it). If the property is so far 'underwater' that it makes no sense to try to save it, then the best option is to do nothing. By doing nothing, your son will not become responsible for the debt or any other debts of his mother before she passed. You can't be forced to pay someone else's bills unless you've agreed to 'guarantee' them or co-signed etc. Short answer, if he doesn't want the house, he's not responsible for the debt. He also isn't REQUIRED to begin probate -- her creditors can do that if necessary. Questions? Seek local legal help from an attorney who practices in probate. He may advise starting probate, NOT starting probate, or some third option.

Q: If a horse boarder invests a large amount of money into building tack lockers in a barn, do they have to be left by law?

The tack lockers were built, and fastened into the wall at a boarding facility with the verbal agreement that the owner of the property would pay for materials. Of course now he claims he never said that. He claims that if they try to take them down when leaving that they are now part of the property, and he will be calling the state police. There currently is no written boarding agreement.
Lawyer Answer Ben F Meek III

A: Get a lawyer. Ask him about filing a mechanic & materialmen's lien on the property. Take all your receipts for materials. You should also file suit for breach of contract and fraud around the same time. Good luck.

Q: My mother and I are on a deed as Joint tenants with survivorship.Can a will override the deed if I am the survivor?

She does not reside here and we had a falling out and she is making all sorts of threats that she's gonna take me off the deed and charge me rent, etc. I would just like to know what my rights/options are regarding this matter. Thank you.
Lawyer Answer Dr Kenneth V Zichi J.D.

A: A Will cannot override a deed. However, either joint owner can file an action for partition to separate the ownership of the property. The effect of that would be to convert the property from a joint tenancy to a tenancy in common. At that point a court could order a sale. Further, she is entitled to rent at half the the fair rental value, and each of you is responsible for half the taxes and costs of repairs and public utilities, etc. You need a lawyer to sort this through.

Q: If a horse boarder invests a sizable sum of money into constructing tack lockers do they have to be made legally?

The tack lockers fastened to the wall in a boarding facility with all the verbal understanding that whoever owns the home would pay for materials, and were constructed. Of course he maintains he never said that. He maintains that if they try and take them down when leaving which they are now section of the property, and he will be calling the state police. There presently isn't any written boarding agreement.
Lawyer Answer Ben F Meek III

A: Get an attorney. Ask him about filing a machinist & materialmen's lien on the home. Take all your receipts for stuff. You must file suit for breach of fraud and contract across precisely the same time. All the best.

Q: Is there any way to remove a limited life estate clause from a deed without the person agreeing to take it out?

My boyfriend and I bought our house from my boyfriend's parents. Only MY name is on the Mortgage. Prior to the sale, we discussed them living in the house with us. We spoke to a lawyer (who also owned the title company doing the closing), he said he was going to draft papers regarding the terms of them living with us. However, during closing, the title agent didn't bring any additional papers, she "hand wrote in" a limited life estate clause into the deed. She never explained what it meant for us or what the risks were. After the closing, we questioned why it was done this way, and all she said was "don't worry it can always be taken out later". She then retyped the deed and said we had to sign the second copy as well, which we did. It's now two years later, our living arrangement is not working out and we'd like to know if there is any way to actually have it "taken out" like the title agent said, without his parents having to agree?
Lawyer Answer Mark Scoblionko

A: Although it is not relevant to your question, it makes no sense that the deed would be in the names of both you and your boyfriend, but the mortgage is only in your name. For a mortgage to be valid, it must be executed by everyone whose names are on the deed. It is possible for the note that accompanied the mortgage to be solely in your name, even if the mortgage contains both names, if you were the sole borrower for the transaction. Perhaps you are confusing the note and mortgage. With respect to your question, it can be answered only if a lawyer actually reviews the document. However, as a general proposition, unless the deed provides that the life estate is revocable, you would need the consent and participation of your boyfriend's parents to revoke it.

Real Estate Lawyer Mississauga - Gabriel Krikunez №❶ in Ontario

Q: How do I transfer the deed from my deceased grandparents to my name?

All of my grandparent's children, including my dad, are now deceased. A distant cousin has been taking care of the property and wishes to get rid of it. He approached me several times and asked if I would like to have it. What would I need to do, if I decided to take the house? The house is located in Philadelphia.
Lawyer Answer Mark Scoblionko

A: This is, unfortunately, a complex problem. If the deed is in the names of both grandparents, title would have passed to the surviving grandparent by right of survivorship. An estate would now have to be opened for the surviving grandparent. If there was a Will, the Will would have to be followed. If not, you could be named Administrator. The next question is if your dad or any of your aunts or uncles survived the surviving grandparent or if all of them pre-deceased both grandparents. If any survived, unless there was a Will which provides otherwise, the property would have passed to those survivors. Estates would have to be opened for all of them. The cycle then repeats itself. If there were Wills, they would have to be followed. If there were not, the property would pass to you, your siblings and any cousins who are children of survivors. This is a time consuming and rather expensive process and you would need to consult a lawyer to get through it. There will be estate costs, taxes and legal fees.

Q: Dad my brother &I possessed property as joint tenants,my father died in 1995. We wish to alter to tenants in common,how?

If I need to file an affidavit of some sort to remove our dads name from the original title, I would like to produce a quit claim deed transferring the home from my brother and I as joint tenants as tenants in common to us, however do not understand. If there needs to be some kind of thought, I also don't understand.
Attorney Reply Mark Scoblionko

A: A brand new deed will be prepared, conveying the property from you as well as your brother as joint tenants to you plus your brother as tenants in common, and referencing the actual fact that the father has expired. It is possible to just recite "one dollar" consideration. You need to have a lawyer do the new deed for you, but, so long as there's absolutely no mortgage or alternative lien against the home, it needs to be fairly simple. You'll likely need the approval of the bank, which you're not prone to get, if there exists a mortgage contrary to the home.

Q: I own a home in Albrightsville PA, I have a closing this Friday.

I own a home in Albrightsville PA, I have a closing this Friday 3/10/17. I am married and the home is under my name, now I am selling the home. The buyers title company wants my wife to sign a release form that must be notarized saying she has no interest in the home. The title company is telling me that this is a State law. Do I need to get my wife to sign this form?
Lawyer Answer Brian Lehman

A: Ask them for the statute that requires this. They may be doing it to be super cautious. If your wife does not have an interest, I don't see a problem with her saying she does not.

Q: How do you remove someone of a house deed who has never paid for, or lived in the property in question?

My grandmother owns her home, but her daughter is on the deed. Has been for many years, and it is still unclear as to how she ended up on the deed. I would like some help on what steps we need to make to take her name off the deed.
Lawyer Answer Dr Kenneth V Zichi J.D.

A: Without seeing the paperwork it is impossible to say for sure what should be done here. Is this 'joint' ownership? 'tenants in common'? a 'ladybird' deed? Each results in a different answer of what to do next, and it is not always OBVIOUS what the form of 'having her name on it' things are without reviewing the whole deed. I'd strongly urge your grandmother to seek out a local real estate lawyer to review things, and explain to her what needs to be done to change things. WORST case scenario may be her daughter needs to sign off on the deed. She really does need to seek out a local lawyer to review this!