Legal Question in Wills and Trusts in Pennsylvania

When my father died, my mother transferred the house deed to her name and mine (only child) by way of a grant. The deed does not say "joint tenancy" so does this mean we are not joint tenants or is it implied? If I am the only heir, will her will go through probate? She is on medical assistance and when she dies will the state of Pennsylvania be able to claim her (our) house in their recovery program?


Asked on 9/10/10, 3:11 pm

1 Answer from Attorneys
Steven Rothberg Law offices of Steven D. Rothberg

Joint Tenancy is not presumed unless specifically expressed in the deed. Without specific language you will deemed to be tenants in common with your mother. Her half of the property will pass through the estate. If there is value in the house, they would be able to claim her half in the recovery program, but depending on when she deeded the other half to you, it may be insulated. I believe the look back is 5 years at this point. You may want to seek out an "elder law" attorney to discuss the recovery program issues. Had the deed been done in joint tenancy, your situation may have been better depending on when the deed got transferred.

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Answered on 9/16/10, 6:43 am


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