Legal Question in Wills and Trusts in Pennsylvania

My mother sold her house to my sister for 1 dollar.She is 75 years old and has 9 other children.My brother is living with my mother and she wants him to continue to live there after she passes and it is stated so in her will.I told her she could not will the house as it now belongs to my sister.The house and all parties are in PA.Who is right?


Asked on 9/27/10, 1:10 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Once a house is no longer owned [meaning a deed recorded showing the transfer to the new owner], the house is not subject to disposition by will.

If your mother's intent that your brother be able to continue to live in the house was not included in a deed to your sister, he would have a tough time trying to stay there.

There may be claims that could be made by your siblings, but you and they will need to consult a lawyer to find out and to protect such claims.

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 10/02/10, 9:57 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania