Legal Question in Wills and Trusts in Pennsylvania

Re: what are his right?

Provided that your husband and his sister are actually both named on the Deed to the property as you believe, then your husband has as much right and entitlement to the property as his sister has. If she simply refuses to move out of the property, sell the property, or buy out your husband's interest in the home, then your husband may have to take legal action against her. Specifically, he may have to initiate a civil quiet title action against her. Typically, he will need an attorney to initiate such an action.

First thing to check is to get a copy of the current deed to the property so that you can make sure that they are actually both on the title. You would also want to make sure that his sister was not given a "Life Estate" in the property by her father. A life estate is a legal designation that would give his sister the right to occupy the property during her lifetime. If she was given a life estate, it should say so right in the deed.

If she does not have a life estate and they are both equal owners of the property, then I would suggest that you first write her a letter telling her that she must act to either sell the property or buy out her brother's interest in same. Such a letter would probably have a lot more weight if it comes from an attorney.

If you would like to consult with me, please see my website at www.americanwillsandestates.ocm or contact me further by email at [email protected]. Thank you.

Lloyd Welling, Esq.