Legal Question in Civil Litigation in Pennsylvania

Re: Sibling Keeping all the Profits !!!

Whether or not you have any legal recourse depends on several factors wihch you do not mention in your inquiry. First, you say that your mother's house was left to you and your sibling. Was this by a Will? Was the Will probated (filed in the Courthouse after her death)? Did an attorney handle the Estate?

Next, you say that before your mother's death, it was verbally agreed that your sibling would get the house and you would get the condo? After your mother passed away, how were these transactions handled?

Finally, and most importantly, how are the house and condo presently titled? In other words, who is listed on the Deeds, as owner, for both of these properties.

Did you sign any documents concerning the condo and the house?

All of these questions must be answered before I can determine whether or noy you have any recourse against your sibling.

Generally, in Pennsylvania, if your mother left her house to you and your sibling in a Will, it is the responsibility of the Executor of the Estate to make sure that your mother's wishes are carried out. The Executor, or his attorney, must then file papers with the Court to prove that your mother's wishes were carried out, and that inheritance taxes were paid on the assets of her Estate. While you and your sibling can certainly enter into an agreement concerning the distribution of your mother's assets, contrary to the Will, such agreements are generally required to be in writing, especially when real estate is involved. Such agreements generally must be filed with the Court, as well.

If your name is on the deed to your mother's house, then the house cannot be sold without your signing necessary papers. If, however, your sibling signed the condo over to you and you signed your interest in the house over to him/her, there is probably not much you can legally do.

I would be able to provide you with a more definitive answer if I had answers to the questions I asked above. Please feel free to e-mail me with this information, or submit a post containing this information

Andrew A. Solomon