Legal Question in Credit and Debt Law in Pennsylvania
QUESTION:
Am I liable for debt on property that I did not know about until today and what can I do to avoid any liability.
BACKGROUND:
Property willed to my mother and me for $1.00 twenty-two years ago. I was 21 at the time. I just found out about this and that back taxes, while my mother and step father were living there, were not paid ($8,000) along with utilities for some time.
I never lived in the house since the deeding. My mother married and lived there with my step father since that time till today.
Am I liable for any debt created by my mother and step father?
I am not interested in owning, purchasing, or living in the house.
2 Answers from Attorneys
I don't know because I have not seen any real documents. First, I don't care when the property was willed to you. Question is who owned the property and when did that person die? Second, you claim the property was willed to you and your mother but only if you paid $1.00. Unclear as to who exactly - the estate of the dead person? Was this paid? Assuming that all of this was done, you and your mother would own the land as tenants in common. That means that both you and your mother had an equal right to use, possess and enjoy the property. It also means that you and your mother had an equal responsilbility to pay for the taxes, insurance maintenance. From your post, sounds like mother had the property all to herself. Unclear as to why she did not pay the taxes or why the municipality has not sold it at a tax sale. I suggest that if you have no interest in the property that you quitclaim your share of the property to your mother so that she will own 100%. You can get quitclaim deeds on line or see a real estate lawyer in the county where the land is located. You will record the quitclaim deed at the recorder of deeds in the county where the land is located.
In answer to your question , technically, yes, you are liable for the taxes (if you paid 100% of them you would have a claim against your mother for her share; otherwise, you are liable for 50% if she pays her share). However, since she has been in possession of the land then she should have been paying the taxes. Again, you need to get this out of your name to avoid liability. If the taxes are not paid, the property will be sold at some point at a tax sale.
Generally, you are not personally liable for real estate taxes. Rather, they run with the land and, upon sale or refinance, they will be paid. Utilities are usually in the occupant's name, rather than just the mere owner's. So, you likely owe nothing to PECO or PPL, but you can check your credit report to see if anything shows up.
The only other potential liability you have is for personal injury or property damage if someone is hurt while on the property. If there is homeowner's insurance, that may cover any such claim.
To give up the property, you will need your mom to sign a deed with you transferring ownership to her, only.
Feel free to call or e-mail me about any other matter and if you want help with the transfer.
Very truly yours,
Matthew R. Nahrgang, Esquire
35 Evansburg Road
Collegeville, PA 19426
(610) 489-3041 ph
(610) 489-3042 fax
www.mnahrgang.com
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