Legal Question in Real Estate Law in Pennsylvania
home left in will
i have lived in my parents home for 40 years while they were living and i still do. My mother and father have passed and left the house to my brother and i. I have been paying all the bills all the expenses, and have been paying on a home equity loan my father took out when he was living. now my brother wants me to buy his half out and i think it is wrong that i have to pay for the whole half when i have been living here with the understanding that someday it would be my house. i have taken care of both my parents here and i have lived here with my husband and children for over 40 years. i have taken care of the landscaping, the bills, the utilities are all in my name. can he do this to me? he has also offered just to put his and my name on the deed but with the understanding that i am still responsible for all expenses with the house.
please help
1 Answer from Attorneys
Re: home left in will
Unfortunately, if your parents' wills left the house to both you and your brother, your "understanding that someday it would be my house" is not a legal right.
Have your parents' respective estates been administered? This should be taken care of now if it has not already been done.
Your father's home equity loan would remain a lien against the property no matter how it was devised by the will.
By reason of the fact that you have been living in the house all this time, it is not unreasonable that you should be paying the maintenance expenses.
A better solution may be for you to refinance the house in order to pay off your father's home equity loan as well as to buy out your brother's interest. His interest in the home is also subject to the home equity loan, so you should get a credit [towards the amount you will pay to your brother] for his 1/2 share of the home equity loan amount being paid off with your refinancing.
You really should consult with a local real estate attorney to make sure that you get a clear title to the home.
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