Legal Question in Wills and Trusts in Pennsylvania

Who is the legal owner of the home now? By that I mean who has legal title, whose name is on the real estate tax bills? Does your grandmother have a valid Will that was created while she had mental capacity to make a Will? Are you given an interest in the house? If not, would you inherit the house under state law that governs if there is no will? Are there other heirs in addition or instead of you under that law?

If you will not inherit, you may continue to live in the home until the person with legal ownership acts to have you ejected with a court order. You may also offer to buy the home from that person.

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.

I agree with Attorney Jacobson. First, does your grandmother have a will? If so, do you know what it states as to who will inherit the house? If there is no will, then the house would go to your grandmother's heirs, which would be her children (assuming that she does not have a living husband to whom she is married). Grandchildren would only inherit if their parent was deceased.

A personal representative would be appointed over the estate. If the land has to be sold, the personal representative might want you out. Or the heirs who inherited the land might want you out. If you do not leave the new owner or executor can evict you. If you want to continue living in the home the other heirs may be willing to allow this but you need to have a formal lease agreement outlining the conditions (would you pay rent? to whom?). Of course, you can always buy the home from the owners if you are willing to pay for it.

If you are one of the persons who inherit the property then its part yours. The problem would be if there are other owners. In such case, if you wanted the property, you would have to buy out the share(s) of the other owners. or if they wanted the property they would buy out your share. If nobody wants to buy out the other, then a legal action called partition could be filed. In partition, the court will order the land sold if the parties cannot come to an agreement.

Is your grandmother still mentally competent even though she is in a nursing home? If so, she may want to make a will or revise an existing will to leave the home to you or allow you to remain in the home for as long as you desire (called a life estate).