Legal Question in Real Estate Law in Pennsylvania
The state is PA. I have a friend who is one of five children. The children all have good relationships with their mother (father is deceased), but they don't all get along with each other. While he and I were out of state last year (Jan 2011), two of his siblings took his mother to an attorney and had her sign her house over to them, along with 10 acres of land the the associated gas lease (this is in the area of natural gas drilling in NEPA).
He just found out that the house was no longer in his mother's name and asked her about it. She's 88 years old and she had no knowledge that she no longer owned the house. Her intent is for it to be split between the five children. She remembered his two siblings taking her to the attorney last year, but she didn't understand what she was signing.
Now that she understands, she's upset and hurt. She wants the property and gas lease to be split among the five children. Is there any way to "undo" what's been done and have it split as she has wanted?
My friend is also wondering if there's a way to track her bank accounts, CDs, and other assets. Three of his siblings have been POA multiple times. My friend and his one brother are the only ones who haven't been involved in the legal play and were unaware it was going on. Since his mother recently switched POA again, one of the other siblings is upset (former POA and one of the two whose name is currently on the deed) . She said there are bank accounts that the current POA is abusing. My friend doesn't know what accounts his mother even has and would like to track them somehow. I suggested that all five siblings have access to them, but they have to identify them first. Since the siblings don't get along, it's difficult.
His mom will be 89 years old this month and is in relatively good health at the moment. He feels she's of sound mind, though not as sharp as she once was. The siblings with their names on the deed say she's incompetent (but say she was fully competent a year ago when she gave them the house/property).
My friend just found out about all this and his head is spinning. He's had a good relationship with his Mom, but not his siblings. He's going to see an attorney in the area, but I thought I'd post here in case anyone can offer any insight on sorting out this mess.
1 Answer from Attorneys
The attorney he will consult should be able to sort this out and suggest how to straighten things out.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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