Legal Question in Real Estate Law in Pennsylvania
Real Estate Inheritance
Six months ago, my 80 year old, widowed father in law had a woman move into his house. In the event of his death, does this companion have any rights to continue to live in the dwelling. In his will the property is being left to my wife. Should this be transferred over to my wife while he is still alive? If not, what are the inheritance taxes on real estate?
1 Answer from Attorneys
Re: Real Estate Inheritance
You asked about the rights of the inhabitant of a home on the death of the owner.
Assuming that the inhabitant does not have rights as a heir or via lease she would be treated as a month to month tenant. She would have a right to notice and eventually eviction if she refused to leave.
More significantly, you should be concerned about ongoing elder law issues. It is not uncommon for people (more often women) to move in with the elderly. They develop a relationship and use that relationship to their economic advantage (stealing, pawning goods, changing the deed or changing the will). I am not suggesting that such is the intent of this party, but it should be guarded against.
Regards,