Legal Question in Real Estate Law in Pennsylvania

Inhariting a home

My mother in law had a stroke and is living in a nursing home - my husband and I moved into her home so it would not have to be sold. His brother is the only other living family member & he says if we live there assume all expenses when she passes the house will be ours. We can just assume the morgage payment and take the house. I need to know if this is correct or are we going to be put out of the house???


Asked on 11/22/06, 10:58 am

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Inhariting a home

You are at risk. Unless you have a document in writing from the owner or someone with a power of attorney to bind the owner with the promises made you are in grave danger. Get an attorney to help assist you in this matter or you might find yourself in a difficult situation after the owner's death.

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Answered on 11/22/06, 11:04 am
Miriam Jacobson Retired from practice of law

Re: Inhariting a home

While family members can have an agreement about what happens to the assets of their deceased parent, your mother-in-law may have a will that gives the property to someone else or in different shares. Her will governs what happens to her property after her death. During her life, even if she is in a nursing home, you and your brother-in-law may agree that if you are living in the house, you should be responsible for paying all of the house expenses. This does not change how the will disposes of the house, or, if there is no will, what the law provides.

Also, since your mother-in-law had a stroke, what is her mental capacity now? Did she create a Power of Attorney that allows someone to take care of her financial matters if she has become incapacitated? If she no longer has mental capacity and did not create a Durable Power of Attorney, in order to deal with her financial matters someone would need authorization of Court to do so.

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Answered on 11/22/06, 1:15 pm


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