Legal Question in Wills and Trusts in Pennsylvania

Neither I nor any attorney knows really because we have not seen the actual deed. We would only know what you say.

First, what you say makes no sense. Who is the owner of the land as shown by the deed? A person's deed does not say they own land till they die. The only way something like that is on there would be if a life estate is created which means that either your mother owned the land and then at some point decided to convey the land to you and your sister, retaining a life estate or else someone else owned the land and gave your mother a life estate. If the latter is the case, then who are the remaindermen?

This can happen that a life tenant (here your mother) can transfer during her lifetime her life estate. When the life tenant transfers the life estate to the remaindermen, the life estate is extinguished at that point and the remaindermen now own the land free and clear. However, if the life tenant transfers the life estate to someone other than the remaindermen, then the new transferree of the life estate only has the right to use the land for as long as your mother lives.

So go back to the deed - what does it say? Does your mother have a life estate or something else? When did any transfer of ownership of the land occur - before or after your mother's death and what interest was transferred? Has your mother died? Are you and your sister listed as remaindermen or something else (joint tenants)?

If you answer these questions for yourself you will know the answer as to whether the house belongs to you now or later upon your mother's death (if death has not occurred yet) or not at all.

With all due respect to the North Carolina attorney, I think he is overcomplicating the issue. You stated

"If the deed to my mom's house says it is hers until she dies and then transfers to my sister and I, and she passes away, does the house automatically belong to us?"

The language clearly creates a life estate for your mother in the real property. Your mother, as the life tenant, has the right to do anything she wants to do with the property during her lifetime, including occupy it, rent it out, or do anything else she wants to do, except sell it because a life estate does not confer title on the life tenant, it only gives the life tenant the right to use it during their lifetime.

The language you used in your question does not clearly state if you and your sister receive title after your mother's passing, or a life estate. If you and your sister are meant to receive title, then the language would read as follows,

"......... And upon the passing of the aforesaid Life Tenant, the aforesaid life estate shall be forever extinguished, and title in fee, shall vest in ______ and __________ (Your name and your sister's name) as Joint Tenants with a right of survivorship, and not as tenants in common..."

or,

""......... And upon the passing of the aforesaid Life Tenant, the aforesaid life estate shall be forever extinguished, and title in fee, shall vest in the Remaindermen, to wit, ______ and __________ (Your name and your sister's name) as Joint Tenants with a right of survivorship, and not as tenants in common..."

If it was intended that you receive only a life estate, with other Remaindermen receiving title in fee, then it would read as follows,

""......... And upon the passing of the aforesaid Life Tenant, the aforesaid life estate shall be forever extinguished and a new life estate shall be created in favor of ________ and ____________ (Your name and your sister's name), and upon their departing this life, title in fee shall be transferred, conveyed, and set over unto 'Mister X and Madame X as Tenants by the Entireties,

Kindest Regads,

ANDREA

With all diue respect t to my other colleagues. Yopu said IF the deed says foo. Well a deed is a public record some times available on line. So go get a copy. A 4 page deed should cost you one dollar, Next did your mother have a will. If so get a copy. Get a copy of your mother's death certificate. next find an attorney that handles the estate go down and see him about this matter and bring all the documents. Most attorney will do the initial meeting fairly inexpensively. Once he has the documents he can tell you what could happen and how to make it happen. Then you can decide what to do.

{John}