Mercer, PA asked in Estate Planning and Probate for Pennsylvania

Q: My husband's sister is buying a house for him cash outright and his name will be on the deed only.

She wants him to draw up papers with an attorney to prevent me from inheriting the house if he dies and although it will state that I can remain until I die, and then she wants to have the ownership revert to her. We are both on social security disability and maintain one checking account. Taxes and homeowner's insurance will be paid from this account. Will this supercede my survivorship rights?

Related Topics:
1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: This is a bit complicated, if you do it the way you have outlined. The easier way to accomplish what you have described is for your sister-in-law to give a deed to you and your husband for a "life estate" only. Title to the "fee," i.e., the underlying property, remains in your sister. Then, when the second to pass of you and your husband occurs, title would be completely in your sister-in-law's name, or, if she has herself died, it would pass by her Will. If it is contemplated that you and your husband will be responsible for all taxes and other expenses, a lawyer would have to prepare a separate agreement for that.

Your way will be cumbersome and rather expensive. There

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.