Legal Question in Real Estate Law in Pennsylvania
Living rights?
Several years ago (11) my in-laws signed their home over to my husband and myself. The deed states that they are to pay all taxes and in return they may live there till they both pass away. My husband died suddenly last year and now my mother-in-law wants me to sign the house back over to her. She said that her other son has a due right to it now.(Her husband also passed recently). She's gone to an attorney and I'd like to know if I have to sign the house over to her? The deep has both my name and my husbands name on it yet.
2 Answers from Attorneys
Re: Living rights?
You are not obligated to turn over title to the real estate. I suggest you consult legal counsel.If you need any assistance, I will be happy to review this matter with you for a small fee. Gerald Hershenson 215-579-9390
Re: Living rights?
There are a couple of issues involved here. The deed that was conveyed to you and your husband probably was conveyed to you as husband and wife, and not as tenants in common. If this is the case, the property is marital property and all of it passed to you on your husband's death. His parents did retain a life estate, which gives your mother in law the right to stay in the property during the term of her life. Otherwise, she has no right to direct you to convey the property. I am not saying that she can't file suit; however, she will not be successful in challenging the deed based upon the facts that you have provided. You may need to retain a lawyer to defend your rights to the property. Should you have any questions, you may call me at 800-443-5084.
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