Legal Question in Real Estate Law in Pennsylvania

My daughter and I live next to each other and we would like to switch homes but still keep ownership of our original houses. I have a house much to big for me and my daughters house is to small for her family, but perfect for me. How or what type of legal document do we draw up to protect ourselves.

I would pay all the expenses at her home and in turn they would pay all my house expenses while they are living there. We are worried about liability if someone gets hurt and also I would like to give them the chance to buy my house when they will be able to afford it. I have to other adult children that I don't want to cut out of their inheritance if something would happen to me while my daughter is living in my home. Any help to get this started would be greatly appreciated.

Judy Smere


Asked on 7/30/10, 10:44 am

2 Answers from Attorneys

Steven Rothberg Law offices of Steven D. Rothberg

The simplest option would be to have leases drafted on each house, and then to have a property casaulty insurance company issue leasehold policies on top of the owner policy. This would add a layer of protection. Your homeowner's carries would be able to help with this. As to the inheritance issue, as long as your will bequeaths the property to all the kids, that should not be a problem. Even if you don't have a will, all of your kids would be entitled to a share under the intestancy laws.

Read more
Answered on 8/04/10, 10:54 am
Miriam Jacobson Retired from practice of law

In order to preserve your daughter's right to purchase your home, the lease should include an option to purchase. A price should be set now, or you could provide for a way to establish the price at the time when she exercises the option. You should seek a real estate lawyer's help with writing up that lease, because it may not accomplish what you want unless it is properly written.

Also consider how that option to purchase would affect the inheritance rights of all of your children.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 8/04/10, 12:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania