Legal Question in Real Estate Law in Pennsylvania
Situation: My mother passed away a year ago. Three years prior to her passing she signed the deed over to my, her daughter. I have lived with my mother for 50 years and took care of her during her aging. My two brothers are sending me letters stating that they have inheritance rights to the property. My husband and I have a mortgage on the property now since we needed drastic home repairs. Is there legal action they can take to get a profit?
1 Answer from Attorneys
Unless there is some allegation that their was some type of fraud or forgery or that your mother lacked mental capacity to sign the deed, then her giving away the land 3 years prior to her death means that it is yours. I don't know what rights of inheritance your brothers have in this land assuming that it was owned solely by your mother, free and clear, at the time she conveyed it to you. The fact that you were able to get a mortgage suggests to me that everything was ok at the time your mother transferred the property.
That all said, I do not know if your mother had a will and, if so, whether she left your brothers anything. She was not compelled to do so and if she chose to disinherit them and leave everything to you, that was her right. If she did not have a will, then you and your brothers would splt whatever assets your mother had at the time of her death. If she gave away her land to you, you and your brothers would only split whatever assets your mother had other than the land. If your mother had no assets, then there is nothing to divide and your brothers will get nothing.