Legal Question in Real Estate Law in Pennsylvania

Estate

My father died in 2001,as I understand it all of his money in his accounts and two homes are consider as estate. The one home which my mom lives in, states in his will that it belonged to my mom and the rest to be distributed to her and the children. The problem is one of the siblings who my father gave a power of attorney sold the other house under our nose. I understand that when he died that didn't apply anymore. Recently, I found out that the property was sold in 2003 with a power of attorney and sold the house. I asked my mom if she had ever signed a power of attorney and she said definite not. Shouldn't the attorney who wrote the deed not have done so because it was part of his estate. How can I reclaim this house for my mom. In additon,is this a misconduct of the attorney for going forward on the tranfer of ownership. By the way the deed indicates that my sibling and the buyer (her ex - husband)are husband and wife which they have not been for several years. Does he have the legal right to keep the house? He claim that while he lived in that house unmarried with my sister he spend money remodeling it the funny part of it they lived in thet house for more than 16 years and never paid any rent even though payment was due.


Asked on 6/24/04, 3:52 pm

1 Answer from Attorneys

Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Estate

The facts you recite raise several legal issues that will probably have to be resolved in probate court or by filing an action in District Court. You should retain an attorney in the County where suit should be started, probably the county where the property in dispute is located. If that is Summit County, you may call my office for an appointment (970-668-1949. Otherwise,I suggest you contact the Colorado Bar Association for a referral.

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Answered on 6/28/04, 11:59 am


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