Legal Question in Real Estate Law in Pennsylvania

My parents put their house in my sister and my name in a living trust deed. My sister is having financial problems and we do not want a lean on the property. Can we remove her name and add my brothers with mine and will that start the time over for having the house out of their name if they go into a nursing home? And can he do the changes or my sister and I?


Asked on 2/13/11, 5:28 pm

1 Answer from Attorneys

I do not understand the question. If your parents created a revocable living trust and if they are still alive, then they can amend the trust. Real property would be in the name of the trust, not in your name or the name of any other beneficiary. If your parents are dead, then what does the trust say? If the property went to you and your siblings, then the trust is irrelevant, provided that the trust deeded the property to all three of you. Assuming that is the case, then you or your brother just cannot remove your sister off of the deed. You would all have to sign as grantors.

If your parents are alive and are incapacitated, then it depends on what the trust says. Generally, trustees have no power to change the trust itself. But read the trust. You should go to a trust lawyer for any changes so that these are properly made.

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Answered on 2/15/11, 9:01 pm


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