North Versailles, PA asked in Real Estate Law for Pennsylvania

Q: Sister's partner died. The mortgage is in his name. They're together 28 years but not married. She's not sure whats next

Payments not late. 22k payoff. She's on social security disability.

Related Topics:
1 Lawyer Answer

A: A big problem as Pennsylvania doesn't recognize common law marriage. Also, that wouldn't even apply if they didn't hold themselves out as husband and wife. In whose name is the property? If it's in the partner's name, the property goes to his estate.

Did he have a will? If so that governs. Otherwise it goes to whoever is entitled under the rules set out for intestate succession.

She or you may want to consult an estate attorney to see what her options are.

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.