Legal Question in Real Estate Law in Pennsylvania

Re: lifetime rights

A life estate. You should check with a Pennsylvania lawyer.

Re: lifetime rights

Rather than transferring her interest directly to her children, she should have a PA real estate attorney draw up a deed to her children that includes her retaining a life estate. The life estate gives her the right to have the use of the home until her death, then the property automatically is owned by the children.

However, if there is any possibility that she may ever need medicaid or similar state or federal benefits, your mother should consult with an elder law attorney in her county (the local bar association may be able to provide names) to be sure that any transfer that she makes of property will not jeopardize her eligibility to receive such benefits.

Re: lifetime rights

Thank you for your inquiry. Please be advised that I have not been retained to represent you and I am basing any information on the limited amount of information you provided.

However, real property is governed by the law of the state in which it is located. Your mother needs to execute a deed conveying the property to her children with a provision which is called a "life estate." This means that the title to the property is conveyed under the condition that your mother is able to remain living there until she passes away. It is very common and easy to do but you will need an attorney licensed to practice law in Pennsylvania since that is where the property is located. I have two recommendations. 1) Christopher Troxell who is located in Phillipsburg, NJ and licensed in Pennsylvania (908) 213-2100 and Bradley Dornish who is located in Pittsburgh, PA (412) 425-5861 and tell them Ryan Dornish recommended you. Both of them are well versed in real estate law and you should be able to take care of this with little difficulty. Keep in mind that if this property trasfer is being done in contemplation of your mother needing to be placed in a care facility, any conveyance must take place two years prior to her being placed somewhere in order to keep the property with the family. A conveyance of this type with less than a two year window will allow the care facility to take the property as your mother's asset in order to pay for her care.

GOOD LUCK

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