Legal Question in Real Estate Law in Pennsylvania

Pennsylvania

After a death in the family I own property via right to survivership on the deed.

The deed has a life estate on it that was signed by the individual at the time (signature on the deed).

The deed specifies the life estate person is responsible for maintenance, insurance, and taxes.

I recently found out this person moved out 6 months ago.

I found this out by letter from their attorney with proposal to "buy" the life estate for $XXX. However the requested amount is mostly the amount of the estimated cost of the property. I counter offered for a lower amount, which was turned down.

I have recently obtained an attorney, but it seems he wants to basically just settle for whatever the other side is asking. Sorry but he doesnt seem much concerned other than a quick settlement.

The scenerio is: The life estate holder is not paying property taxes. They have cancelled any property insurance as best I can tell. And, they have not kept up with any maintenance such as mowing, clearing gutters etc. The main concern I have short term is with cold weather coming into PA they do no plan on heating so the pipes etc may suffer cold damage and burst pipes.

What options do I have? Before anyone replies about suit for financial compensation....this person has maybe 2 pennies to rub together. Going for financial compensation is not an option unless a court or judge would allow me to take over the property somehow. Once freezing temps come to PA there will be countless dollar damages to the property due to burst pipes etc.

I want to take over the property to prevent damage. Burst pipes or a tree falling on the roof will cause serious financial damage. Is there any way I can prove in court...basically abandonment that allows me to stop any further damage?


Asked on 9/23/16, 6:37 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

If you don't like what your attorney is doing fire him and get another. There are plenty of attorneys out there. The life tenant is committing waste,

{John}

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Answered on 9/24/16, 9:17 am


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