Legal Question in Real Estate Law in Pennsylvania

Deed, property ownership

Dad and mom own property and signed deed over to daughter in 2001. Deed was not given to daughter or filed at county. Dad died in 2008 and Mom still alive. Dad and Mom's joint will states all property to Mom then to daughter after moms death. Deed now (2008) given to daughter. Daughter does not want to file because taxes (rental income, property tax), home owners insurance etc and wants mom to keep property until death at which she can then file the deed according to will. Question: Who legally owns the property in case of fire, etc? Who should obtain fire insurance? Is it what is filed at county courthouse (Mom and dad) or daughter (who has possession of deed but not filed)?


Asked on 1/02/09, 6:33 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Deed, property ownership

You asked about an unfiled deed.

You'll need to speak with a local tax professional about the tax implications.

But a properly completed deed itself demonstrates a complete transfer of ownership. But a party does not have to accept such a transfer. But doing nothing does just that, nothing.

Filing of deeds is actually for the benefit of others. For example if mom owed someone money they could place a lien on the house, and it would be difficult for the new owner to remove the lien without paying it off.

There are other mechanisms to fix what seems to be the sticking points and yet keep mom responsible for all the upkeep, such as a life estate. Who is responsible is rarely a concern in such circumstances so long as everything is taken care of. Just make certain that the beneficiary of the insurance is the deed owner.

Regards,

Roger

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Answered on 1/02/09, 11:46 pm


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