Legal Question in Civil Litigation in Pennsylvania
My mother put her house in 4 names hers and her childrens in the 90's. Mother went to nursing home 2007
brother was made power of attorney we all put our portion of the home into brothers name to make things easier for him to deal with medicare medicaid and the state of PA. (with the understanding we still verbally had ownership in house) now mother has passed in 2011 and brother has said there is now money left in estate to be shared. The house value is about $100,000. He says with the improvements he made (which did NOT need to be done) and whatever bills have incurred there is none left. He says he is setting aside $10,000 for sisters funeral!?!?!? Which I do not agree to. The house was completely ready for sale in 2010 with no repairs needed mother wanted the house sold then as so there would be no more burden to us
I gave brother $4000 for specifically for taxes now wont refund said he used for mothers funeral i did NOT ok this. What can i do to get my portion of estate even if it has to date back when i turned over my portion.
What can I do
1 Answer from Attorneys
Whatever you did was improper. Once you conveyed the house to your brother (that is exactly what you did by putting it in his name), its his. Unless you had some other agreement, its his and he does not have to give you a piece of the pie. There are no "verbal understandings" when it comes to probate and other law. Verbal = NOT ENFORCEABLE.
So why are you now paying $4,000 for taxes? And your mother's money goes to your mother's heirs, not your sister's funeral. Her funeral is an expense of her estate, not your mother's.
I don't know when you conveyed your share of the house to your brother and if the repairs were made before or after that time. If after, you can't complain as the house was his. However, he could not use funds in your's mother
You have made what sounds like a complete mess of things. If the estate for your mother is in Pennsylvania, the estate usually has to be confirmed by the clerk/register of wills or Orphan's Court judge depending on the county. You have to be given notice of the accounting that is filed and you have a chance to object to it.
What I suggest you do, is get with a probate attorney who practices in the county/state where the estate is pending. He/she will have to review the deeds to the home (conveying from your mother to her children and the children to your brother) as well as the power of attorney, will and any probate documents. The attorney can then better advise.
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