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Pennsylvania Real Estate Law Questions & Answers
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... View More

W. J. Winterstein Jr.
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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...
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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... View 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... View 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... View 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... View 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... View 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
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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)

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Pennsylvania on
Q: How does one find contingency lawyer?. I'm pro se in Federal civil rights case. Judge/neutral evaluator agree strong

I'm the plaintiff in a current case against a municipality, the judge and the nuetral evaluator have suggested that I find a contingency lawyer as I have a strong case. We are currently in the process of filing depositions. Held in the Western District state of PA

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2020

A Pennsylvania attorney could best guide you, but your question remains open for four weeks. You could use the Find-a-Lawyer tab above to find someone, or you could search online independently. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: My elderly parents are in a volatile situation. They entered into an occupancy agreement that involves a substantial

amount of money to be paid back to them. We plan on moving them out within a few days to a better place. There is an occupancy agreement involved. The agreement states that they need to notify the owner of their plans on moving. And owner will have to pay them back within a year from the notice... View More

Mark Scoblionko
Mark Scoblionko
answered on Aug 22, 2020

You should consult with a lawyer, who would undoubtedly want to review the occupancy agreement.

2 Answers | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: If I file for bankruptcy and own a property in a HOA, what happens when I have a balance with them?
Timothy Denison
Timothy Denison
answered on Aug 11, 2020

It is probably a lien against the property and will still have to be paid.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Pennsylvania on
Q: Hello, I am trying to get out of my lease.

I live in a studio apt that is noisy at late hours and constantly has an overabundance of pungent weed smells going around. I am having health issues and this is not helping. I get dizzy and lightheaded from the smells and it states in the lease that there is no smoking allowed. I have complained... View More

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2020

A Pennsylvania attorney could advise best, but your question remains open for two weeks. You could try reposting in the Landlord-Tenant Law section. There's no guarantee that all questions are picked up, but under Landlord-Tenant questions, your post would have better chances. Good luck... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Hello, I have a real estate question. I would like to have my mother's name removed from the deed for our home. She has

been deceased for eighteen years. Both of our names are on the deed. How can I proceed with this? Do I need a lawyer?

Anthony M. Avery
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answered on Aug 6, 2020

She cannot deed you the home now. About the only thing you can do is file an Affidavit which tells of her deed ownership and death. You did not state what the granting clause says, as you may be a tenant in common, the surviving tenant, etc. Hire an attorney to determine the present title.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My mother passed away going on two years ago and she left the house to six of us siblings my sister and I Are executive

if one can’t do it The other one step in ,but she has not in rolled our name in city hall ,she was to write our name as owner of the house,should I step in .she move in and didn’t let no one know and change all the lock what should I do.please help me

Mark Scoblionko
Mark Scoblionko
answered on Aug 6, 2020

If you and your sister are the Executors, that means that your mom had a Will and that the Will was probated (that means, filed with the Register of Wills). If so, that means that an estate has been opened. Did you not have a lawyer to do that? You certainly should have had a lawyer. Clearly,... View More

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Banking for Pennsylvania on
Q: My husband and I are in the divorce process. I just found out he refinanced the house w/o my knowledge. Is this legal?

My husband (soon ex) and I built a house together 3 years ago. Due to criminal charges and domestic he was evicted from the home and I live here with our children. We are both on the deed as well as his father (who helped us) but I am not on the home loan, just my husband and his father. I just got... View More

Vincent Gallo
Vincent Gallo
answered on Aug 1, 2020

If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.

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