Legal Question in Wills and Trusts in Pennsylvania

Grandmother's house

My grandmother passed away about 40 years ago. Her house was to be left to her husband and two daughters. Will was not probated. Grandfather passed a couple years after. Aunt lived in the house morgage/rent free until recently. Her sister, my mother passed 16 years ago. Grandfather's 1/3 of house was to be split between girls. My mother's half at her death was to be split between her 6 children. My aunt & uncle were to keep up with the upkeep of the property and pay taxes. which they didn't do(keep up the propeerty.) Anyway my Aunt has moved out and one of her daughters family have moved in. She is charging them rent for the house. Is this legal and if anything what can my mom's family do about it?


Asked on 6/15/08, 7:51 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Grandmother's house

The problem is that nobody took the time and trouble required to probate the will. Given that the time limit to make a claim for adverse possession is 21 years failing to remedy the matter for 40 years may be a problem. If you had made a claim before 21 years had passed then you would have grounds to prevail. After that you aunt could claim the property by adverse possession.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 6/16/08, 8:24 am


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