Legal Question in Wills and Trusts in Pennsylvania

Can the rights of a minor child be protected?

My mother died very suddenly of cancer. Before her death, she had her name removed from her house and changed it to my minor son's name with my brother as trustee. My brother married after her death and had the names changed to his and his wife's names. These were not my mother's wishes. She referred to his at the time girlfriend as ''money hungry''. She did not want her to have any ties to the house. My brother possesses the deed. My brother will not provide me with any information as to how this was done. This was done without my knowledge. Can anything be done to protect the rights of my son? Can the wife's name be removed from the deed? Can my son's name be put back on the deed in order to respect my mother's dying wishes?

Thank you for taking the time to read this?


Asked on 8/14/02, 1:25 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: Can the rights of a minor child be protected?

If the deed from your mother to your minor son with your brother as trustee was recorded, he should not have been able to transfer his interest as trustee to himself and his wife individually.

You should consult with an experienced real estate attorney in your county, to assist you in searching title to determine what the current legal ownership is, and to assist you in setting aside a deed that changed title from trustee to individuals, if the first deed was in fact recorded.

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Answered on 8/16/02, 10:26 am
Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Can the rights of a minor child be protected?

My firm concentrates in this area. We are located in the Pittsburgh area but I cover all 5 counties. I would recommend a title search to see what is actually of record. From there we can decide what grounds you have to challenge the deed.

Brandon Barnett, Esq.

My office phone is 412-916-1677

www.youresquire.net

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Answered on 8/16/02, 7:56 pm


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