Allison Park, PA asked in Real Estate Law for Pennsylvania

Q: I moved back with my parents 17 years ago can I be forced out by my brothers when both parents gave died?

I have done all the yard maintenance and routine maintenance on the house.

I’ve paid all real estate taxes for those years. Totaling almost $4000.00 per year.

I was the care giver for both my parents when they couldn’t do daily functions

Mom died 28 months ago and dad died yesterday

Now my brothers want me out of the house in 30 days! Do I have any recourse?

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2 Lawyer Answers

Mark Scoblionko

  • Allentown, PA
  • Licensed in Pennsylvania

A: If your father did not have a Will which left the house to you, the house goes into the estate. The house would then be sold and the proceeds divided among you and the other siblings. You have no choice about that.

If you hire a lawyer, you might be able to assert a claim against the estate for all the money you paid for taxes, repairs, etc. , as well as for the value of services provided as caregiver. However, it could also be construed that that was rent, and you could then potentially recapture only the money you spent and the value of services provided that was in excess of fair rental value.

This would be a difficult and expensive claim to pursue, and you would have to consult with a lawyer to determine if it is even viable.

Elizabeth Tarasi

  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Unfortunately the house is now in the estate. Whom ever the executor is will decide what will be done with the house.

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