Legal Question in Wills and Trusts in Pennsylvania

My mother-law pass away some 20 years ago. Her youngest grown son with his children into move her house in a year before she pass away. He was executor of will, but did take responsibly. But his family scattered in the house all these years. His father pass-away some 10 years ago, The his youngest son just move out. walking away After 20 years after moving in, 19 years after she pass-away. He said he got a notice the roof needs repair. He can not afford it. They never paid taxes or took care of the house, just live there. The house is still in both grandparent's name. The house is in very bad shape maybe condemned house. Taxes are over due, The house is going to be fine for run down condition over roof or condemned house. We can not afford the house in any way. We have our own bills and own house. the house never went in probate or anything else. they always claim the house was theirs. So are we legal responsible for the repairs or any fines on the my mother-law house. We live in Pa and my mother-law's house in Pa also if that helps. Just got a call from husband's son he said they drove by and the one side of the brick-wall of house collapse onto the sidewalk between the houses. So it might not be roof reason at all. It is in Pittsburgh city in a bad ran down area. Are we legal responsible for what our bother-law and Nephew house problem did with my mother - law house problem. Who paid the taxes was homestead act not them. At least that what city's property web site said even already grandparents was passaway.


Asked on 1/13/16, 11:23 am

1 Answer from Attorneys

This is a mess. Your story is not coherent.

First, there has to be a copy of a deed to the property at the county recorder/register of deeds in the county where the land is located. Get it - many counties are online. Whose name is listed under "grantees"?

Assuming it was some distant relative (grandparent) you will have to know whether they owned the land as husband and wife and when each of these people died. If they owned as husband and wife, then who died last? Did he/she have a will? If not, how many biological/adopted children did he/she have? That would be who owns the property. If any of these children are deceased, then their child (i.e. the grandchild) would inherit the share of that grandchild's parent.

That is how you know who owns the property and in what percentages. Each of the owners has a responsibility to share in the upkeep of the home, including the taxes. The person who occupied the property solely also should have shared the profits in the home with the other property owners, not lived there rent free.

I do not understand how the property could have avoided tax sale for all these years if NOBODY paid taxes. I also do not understand your reference to the Homestead Act or why it would pay taxes. Only an owner of property can apply for it. The act does not provide for payments; it just reduces the level of property tax.

If the house has partly collapsed, then it is probably going to be condemned.

You really need to see a real estate attorney in Pittsburgh if the land is located there. You could, if you still own a share of the property, assign your share of the land to whoever lived in the house. I don't know what your share is worth though. . .

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Answered on 1/13/16, 11:45 pm


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