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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: can I claim adverse possession on property I maintained for 27 years if that property was sold 5 years ago
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

From the facts you stated--no. You don't have a right for maintaining a property unless there is an agreement giving you ownership interest of some type. Even if there was, if the land was sold, it's on you to do something. However I may be missing facts and it may be worth your while to... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: My dad died years ago with no will, everything went to step mom. My step mom just passed away about 6 months ago and

Left everything to her daughter in will. Do I have anything to fight for if the house was still in both step mom and my fathers name on deed?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 9, 2021

If the deed was held in your father and step-mom's names as joint tenants, with right of survivorship, or tenancy by entirety, then when he died, yes, "everything", including full legal title to the property, went to her.

If the deed says they held title as tenants in common,...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: can a new owner of my auctioned off rental apartment of 36 yrs. kick me out without notice?
Nellie T Schulz
Nellie T Schulz answered on May 9, 2021

When real property which is subject to an existing lease or leases is sold, the leases remain as part of the real property for the entire remaining term of each lease. If the term of a particular lease is month-to-month, then the new owner may terminate the month-to-month lease with at least 30... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Own 2/3 of 25 acre plot of land. Can I force a sale if 1/3 owner does not want to sell?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

Yes. File an Action for a Sale For Partition.

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In PA, if a home is sold at auction that had a reverse mortgage previously, will the new owner get a clear title?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

If your auction was a sheriff's sale pursuant to a foreclosure judgment, the successful bidder at the sheriff's sale gets title free and clear of the mortgage debt that was the basis for the foreclosure, and all liens and charges that are junior to the foreclosed lien indebtedness. Most... Read more »

2 Answers | Asked in Probate and Real Estate Law for Pennsylvania on
Q: I want to buy land of someone who is deceased through a probate lawyer.

The executrix had the house demolished and is selling the property through a probate lawyer. What do I need to do to start the process, what documentation is involved, is this handled through the court? I made a verbal offer which was accepted but that’s all so far.

Elizabeth Tarasi
Elizabeth Tarasi answered on Mar 27, 2021

You need to make an offer in writing. The estate will accept the offer in writing. It is a good idea to retain an attorney to assist you with the closing on the property. It is a good idea to get title insurance.

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1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: How do you sell a house after the person passed away? What would those named executors have to do to sell the property?

Woman passed away, leaving an UN-NOTARIZED will to her 3 sons - naming 2 of the 3 executors. There is a house to sell. What needs to be done to sell the house? Can the two executors sell it?

Steven J. Fromm
Steven J. Fromm answered on Feb 6, 2021

The first step is to probate the will at the Register of Wills in the county where the decedent lived at the time of death. Once letters testamentary and short certificates are obtained, then the executors have the authority to sell the house.

Right now there are special procedures that...
Read more »

5 Answers | Asked in Real Estate Law, Probate and Estate Planning for Pennsylvania on
Q: My father in law died in Oct. He owned a home had a life insurance policy and a union pension. No will help?

My father in law died in Oct. He owned a home had a life insurance policy and a union pension. He had no will in PA. We are having trouble getting information about the policy, deed for the home, actually ever thing we try is an issue we only have a death certificate. Need probate I believe but not... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 5, 2021

Where there is no will, the PA statutes explain, in detail, who will be the "heirs at law" who inherit a decedent's property.

Whenever real estate is involved, unless it is held in joint tenancy with right of survivorship, and the co-owner survives, a probate is necessary to...
Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Co-borrower on mortgage died without a will. As the remaining borrower I am responsible for the mortgage. Do I have the

Right to sell the property immediately?

Mark Scoblionko
Mark Scoblionko answered on Feb 3, 2021

The first question is whether you are a "joint tenant" on the deed, that has a right of survivorship. If so, the property would pass to you, and you would be able to sell it. However, unless you were married to the deceased, there will be inheritance tax due, and you will need to plan... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I just signed closing documents for a real estate property in North Carolina through an attorney on December 11th.

This was done by UPS overnight. I sent back on December 14th. Is there a deadline to get to the courthouse?

Nellie T Schulz
Nellie T Schulz answered on Dec 14, 2020

I simply changed the governing state law to North Carolina, where the property is located.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I recently did a mail away and signed documents for a house closing. I am mailing back package overnight.

We all know sometimes the package takes longer. Is there a time frame after closing to record the documents at the courthouse?

Nellie T Schulz
Nellie T Schulz answered on Dec 14, 2020

Perhaps some attorney much more brilliant than myself could make some sense of your question, but I can't. Would you ask it again and include more details? Some examples: Are you the buyer or the seller? What documents did you sign ? To whom are you sending the documents? Is a title... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: Am I able to get of of my current lease due to a medical condition?

Hi. My daughter seems to be stuck in an iron clad lease! They put that it’s $10,000 over 10 months instead of monthly. She is having SEVERE medical issues (anxiety and migraines) due to an incident the 1st week she moved in girls stealing and fighting with her (roommates) police report filed and... Read more »

Nellie T Schulz
Nellie T Schulz answered on Dec 12, 2020

I know if no law in Pennsylvania that would relieve a tenant from lease obligations because the tenant is very ill and has been advised by their medical doctor to move out. In fact, there us a law in Pennsylvania which says that if a tenant dies while the lease is still in effect, the lease is not... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My Tennant changed the lock. What is our recourse?
Nellie T Schulz
Nellie T Schulz answered on Nov 9, 2020

Ask your tenant to meet with you at the leased space and deliver two additional copies of the key (made at his expense) to the new lock. Make sure the new keys work. Show the tenant the provision of the lease which prohibits the tenant from changing the locks. The most serious reasons for not... Read more »

1 Answer | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Found out a judgement was filed in 2003 against my husband house by Sherman acquition limited for Sears Roebuck company

Is there a statue of limitations all info is old can I get it off my lien

Mark Scoblionko
Mark Scoblionko answered on Oct 26, 2020

In Pennsylvania a judgment lasts forever until it is paid. However, it constitutes a lien only for five years, unless it is renewed. Thus, if this judgment was not renewed, the judgment remains, but it does not constitute a lien unless and until it were to be renewed.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Deceased mothers home deeded to her going for tax auction can they kick us out?

We pay the taxes but fell behind if not paid by the 30th it goes up for tax sale she is dead the deed is still in her name as we have not had the money to probate her estate

Anthony M. Avery
Anthony M. Avery answered on Oct 23, 2020

The Decedent's heirs at law own the property. After the tax sale, possession can be taken from you. The heirs will probably have a small time period to redeem from the tax sale purchaser. Hire a competent PA attorney to advise you who the heirs are, how to put together enough money... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: Went to court in July for my house judge ordered a pay and stay we have done that every month

The property manager is trying to throw us out in 10 days by q constable when we called the judges office we were told we could appeal it is that right or no

Kent Petry
Kent Petry answered on Oct 22, 2020

Check your court paperwork, and if the judge's office told you that you were able to, you should certainly take advantage of that option. Without more information, it is difficult to speak to your specific situation, but at least in general there is a CDC issued stay on evictions for... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I want to buy a piece of property that has back taxes owed on it. who is responsible to pay those taxes. Thank you.
Elizabeth Tarasi
Elizabeth Tarasi answered on Oct 22, 2020

The owner of the property. The taxes will be paid at the closing.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How do I put a house I've lived in my whole life in my name since my mother's death? Must I open an estate in her name?

I'm in Pennsylvania. My mother has a will saying I get everything she has and I'm also entitled to a 5th of a property being sold that she was part owner in. Must I open an estate in her name to get the 5th of the profit for the second property (the one being sold)? Or should the estate... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Oct 22, 2020

You need to open an estate and probate the will.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Deposit on a House

Hello, I am selling my house. I entered into a contract with a buyer, that was given seven days to make a decision

( in writing ) about moving forward with the deal. On day eight the sellers agent notified my agent they were backing out of the deal. None of this was in writing. This... Read more »

Nellie T Schulz
Nellie T Schulz answered on Oct 20, 2020

Your question can't be adequately answered in s Q&A forum such as this, where no documents or correspondence can be reviewed. I think you should hire an attorney who practices in the county where the property is located and is experienced in litigation and real property law. If you... Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Pennsylvania on
Q: my aunt sold her property in joint tenancy with another aunt in 7/2010; she executed a will 10/2010; who has rights?
Michael Cherewka
Michael Cherewka answered on Oct 2, 2020

you will have to look at the Deed. "Joint tenancy" can be either Joint tenants with the right of survivorship (in which case the survivor of the two joint tenants owns 100% of the property) or tenants in common (in which case your aunt can state in her Will who inherits her 1/2 of the property)

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