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Pennsylvania Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Hello, A spousal election has been filed on my deceased husband's estate. His family decided not to renounce theirs.

How long does his family have to deny my claim?

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: My first lease says “at the end of lease if no new lease is signed the same lease will extend for 12 months .

My second lease next year says “at the end of lease if no new lease is signed the same lease will extend for ________” it was left blank. Would it fall back on the 12 months or?

0 Answers | Asked in Real Estate Law and Elder Law for Pennsylvania on
Q: My brother died, wife in nursing home with Alzheimers.No kids.I was just made her Property Guardian in queens county NYC

Home in NY and vaca home in pa. I have to sell them. Re pa home in lake Ariel, the Hideout, Wayne County, What forms do I need? What are the steps/forms I need to take?

0 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: What happens when parents die without a will. And now we are getting sheriff sale for back taxes from 2005-2008.

They were both terminally ill before passing away in 2018. My sister was in charge of everything and now wants nothing to do with the house. Not sure what can be done with the back taxes with all the fees. My mother was on a payment plan with Jordan Taxes, and I know they never got the senior... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is it my responsibility to confront a neighbor about water from their property flooding my property?

I’ve had water pooling in my yard since early September 2023. I contacted my borough manager and was advised to contact the water company. They were here twice and found no leaks in their system. The borough then referred me to the engineering firm contracted by the borough. No help. Repeated... View More

Anthony M. Avery
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answered on Feb 14, 2024

If you are the property owner adversely affected by the property tort damage coming from an adjacent property, then it is your right to sue for the damages. It will not be a simple suit. You will need at least a contractor, probably an engineer, and of course, a PA attorney. SOL's can run... View More

0 Answers | Asked in Contracts, Criminal Law and Real Estate Law for Pennsylvania on
Q: My friend's grandmother co-signed for her mortgage. She did not give her any money. Grandma is now in a nursing home

My friend's uncle is now her POA. My friend would like to sell the house because she is financially struggling to make the mortgage. The uncle states that he "will not sign off on her listing the house" unless he gets "50% of the proceeds after the mortgage is paid". Does... View More

0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: my ex wife forfeited her 1/3 share of a property to myself with the understanding it would be creating a situation of me

having 2/3 ownership. the attorney handling the paperwork created a scenario of 50/50 ownership with the remaining owner and myself. how can this be fixed or is that how it works? appreciate any help with this matter. thank you

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Do I need legal document living with wife and sister in law in family home wife sister 50/50 split estate.

Sister in law is executor of will, mother died in 2017, will not settled yet. Worried about paying property taxes, school taxes, home repairs with 50/50 split, etc. Part of estate includes land rented to farmer so money comes in to estate now. Worried sister in law will not provide information... View More

Michael Cherewka
Michael Cherewka
answered on Jan 29, 2024

You (and your wife) need legal documents (including a Deed) to close the Estate and make sure all Inheritance Taxes were paid so you end up with clear title to the property. You should also have an agreement between your wife and your sister- in- law to manage the property. Your wife and sister-... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Pennsylvania on
Q: Can forgery invalidate security interest in a mortgage?

Lender believed that the address on the mortgage, note, and notice of assignement were incorrect. To correct it, they completed a modifcation document with the assigned servicer and forged the signature of the borrower. Because there was no real mutual agreement based on the forgery, do the... View More

T. Augustus Claus
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answered on Jan 16, 2024

Forgery can have significant legal implications, and if a signature on mortgage-related documents, including a modification document, has been forged, it raises serious concerns about the validity of those documents. In Pennsylvania, as in many jurisdictions, a forged signature can potentially... View More

1 Answer | Asked in Tax Law and Real Estate Law for Pennsylvania on
Q: In phila, Pa I aquired my mothers house by survial and im on deed. If I sell the house what taxes do I pay and how much?
James L. Arrasmith
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answered on Jan 8, 2024

In Philadelphia, Pennsylvania, when you sell a house that you acquired through inheritance, you are potentially subject to capital gains tax. This tax is based on the difference between the selling price of the house and its value at the time you inherited it (known as the 'stepped-up... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Seller asked to leave shed on property for 30 days. It’s now after 30 days. Is it ours now?

We closed on a house Dec 1. We had an addendum written that states the seller can leave their shed for no more than 30 days, along with paying for removal and any damages. The problem is, they haven't picked up the shed and it is now over 30 days. Is it our shed now?

Unfortunately,... View More

T. Augustus Claus
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answered on Jan 1, 2024

In Pennsylvania, the ownership of a shed left on a property after a specified period, as outlined in a contractual addendum, can be determined by the terms of the agreement. If the addendum explicitly states that the seller can leave the shed for no more than 30 days and that ownership transfers to... View More

3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: What should we do with my widowed mom's house to protect the heirs against capital gains upon her death?

My mom and dad bought the house in the early 70's for about $35,000. The house is now likely worth over $400,000. My dad is deceased, and my mom is 82 and relatively healthy. There are 3 kids, and we want to know if we should do something now to protect against heavy capital gains taxes... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 18, 2023

The PA "death tax" on an Estate, when the heirs are the children of the deceased, is like five percent of the fair market value of what's distributed. No heavy tax.

The Federal 'unified tax and estate' tax has a deductible of several million, so you needn't...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I sent a deposit to purchase land and now they can’t sell at the moment but won’t return the money

One owner died and his wife has dementia so her children are getting a guardianship to sign for her but have no date it will finalize

Anthony M. Avery
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answered on Dec 5, 2023

You will need a PA attorney to sue for the deposit. Hopefully your contract has terms related to the earnest money.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: We live in Benton Pa in a mobile home park for 18 yrs.we have been feeding stray/feral cats on our porch for 8 yrs.

The park was sold new owners were ok with feeding now have said we are in violation of park rules.rules state can feed on porch.is there anything they can do to us

T. Augustus Claus
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answered on Oct 25, 2023

Whether or not your mobile home park can prohibit you from feeding stray/feral cats on your porch depends on a number of factors, including the specific language of the park's rules and regulations, the laws of Pennsylvania, and the local ordinances in your area. In general, mobile home parks... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Can a parent leave a house to their adult children if there's outstanding debt?

My father doesn't think he can leave my sister and I the house because he says the bank still owns it technically. He doesn't know where the deed is, but the courthouse should have it. I don't know what to do. He's in a rehab facility currently, he's 82. He says he said the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 18, 2023

Yes, of course, assuming the property is located in PA. The owner of the property (him) owns the property, and the bank with a mortgage against the property has a mortgage lien against the property. So long as payments are made in accordance with the mortgage Note, the bank had no right to... View More

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1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Identity Theft for Pennsylvania on
Q: My father lost his fortune to a network of scam artists. I am looking to obtain power of attorney and recoup his losses.

elderly gaslighting, manipulation. social security fraud, real estate/financial malfeasance

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. You could consult with a local attorney about signing a power of attorney, or you could check with some of the online services that offer basic legal forms, which can include power of attorney forms. Good luck

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: Regarding second mortgage?

I have a 3.25 interest rate on my mortgage, is it a good idea to cash out as a second mortgage for 5.99 or higher? Thanks.

Nellie T Schulz
Nellie T Schulz
answered on Sep 16, 2023

I have no idea. It would depend on a variety of factors, including the outstanding principal balance of your current mortgage, the amount you are considering borrowing, the market value of the property now and what it may be when you may sell the property, what type of property is involved, the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: When someone was removed from deed years ago, does their next of kin have any rights to the house?

My moms ex BF was removed from the deed, he willingly signed off. 2 years ago she added me to the deed with her. Now the ex BF is in Hospice and his daughter is inquiring about the house. Does she have any legal right to it since he willingly signed off of the home?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 1, 2023

When an Estate is created under PA law, either by probating a will, or a guardianship, etc., the new personal representative can 'reach back' for up to four years to recover transfers of assets that did not return "fair market value" the one whose property makes up the Estate.... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can my friend sell me his paid off house in payments until it’s paid off without using a mortgage?

Something happened where he had to move out of the country. His house is paid off and he is willing to sell it to us in monthly payments

Anthony M. Avery
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answered on Aug 28, 2023

A mortgage protects the seller and is against you. If you get by with a note and he gives you a deed, it is to your advantage. But he will want a note secured by a mortgage, along with the deed, so he can foreclose.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: The property they sold me does not have all the land that it is supposed to be, there is a piece that is not in deeds

What do I do if my property does not say all the land that can be seen, can I fight that piece that does not appear in the deeds but that the owners are supposed to have sold me?

Anthony M. Avery
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answered on Aug 28, 2023

You will need to hire a PA lawyer to sue for breach of contract and to reform the deed. If the missing acreage is owned or possessed by someone besides your seller, then they must be joined as defendants. A survey may be necessary.

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