Legal Question in Wills and Trusts in Pennsylvania

My husband and I bought our house from my uncle 6 years ago. The house belonged to my great grandparents which my uncle bought after they passed. There is a 40ft ladder that came with the house. Is the ladder legally mine? My uncle says it is because he left it for us. Other family members say it's not. How do I get my ladder back?


Asked on 5/11/12, 4:40 am

3 Answers from Attorneys

Miriam Jacobson Retired from practice of law

It's too bad that your contract with your uncle didn't spell out what kinds of non-real property items were included in the sale. Very few people, especially relatives, would think to include that.

If you bought the house 6 years ago, when did the family members start debating ownership of the ladder. If you can store it inside, like in your basement or garage, I'd suggest doing that. The let them try to legally claim it. THIS IS NOT LEGAL ADVICE AT ALL.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/11/12, 4:57 pm
Miriam Jacobson Retired from practice of law

It's too bad that your contract with your uncle didn't spell out what kinds of non-real property items were included in the sale. Very few people, especially relatives, would think to include that.

If you bought the house 6 years ago, when did the family members start debating ownership of the ladder? If you can store it inside, like in your basement or garage, I'd suggest doing that. The let them try to legally claim it. THIS IS NOT LEGAL ADVICE AT ALL. IT IS NOT EVEN A GUESS ABOUT LEGAL RIGHTS.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 5/11/12, 4:58 pm

Let me get this straight - your greatgrandparents died and your uncle bought the house. Was the ladder part of the sale or did your uncle acquire it later? If the ladder was owned by your greatgrandparents when the last of them died, then it was personal property and it would have passed as per the greatgrandparents' will (if any) or the state intestacy laws. Perhaps at the time of the sale to your uncle it was included in the sale? Most homes don't come with 40 foot ladders so I am assume that if it was left there then its his evevn if that was not the intent.

Since you have owned the house for 6 years, assuming that your uncle left the ladder behind, then its yours. Ownership would have been between you and your uncle, not other family.

I don't understand who took the ladder or why you do not have possession of it. I also don't know why other family members suddenly lay a claim to the ladder now. I would think that any claim is barred by the statute of limitations or laches unless they took it over 6 years ago. In that case, your claim might be similarly barred.

However, ladders, even fancy ones, can't be all that expensive. Lawyers giving you advice on a public forum may not induce your family members to suddenly give the ladder back if they took it. I just can't see you hiring a lawyer to demand that hey give it back or you suing however these are your options if they took it recently from you.

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Answered on 5/13/12, 7:49 pm


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