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I am adding my daughter's name to my deed with right of survivorship. We have a draft of a special warranty deed with right of survivorship and I want to know if there is specific language that should be included in the deed to show she is my child in order to be exempt from the Pennsylvania... View More 
answered on Nov 20, 2024
I do not know all the facts in your situation but before you proceed with adding your daughter to the title of this deed, you should consider the potential that doing so could reduce the benefit of stepped-up basis in calculation of capital gain tax if the house is sold in the future. The... View More
answered on Sep 5, 2024
If there is a mortgage on the property, you will first need the lender’s consent. You will have to hire a surveyor to prepare a new legal description. You should then have a lawyer prepare a new deed for you, which, after execution, can be recorded. The new deed should include both the old and... View More
My deed states I own 13.5 acres 2.5 is where my house sits and other 11 is field and woodlands. The surveyor spoke to neighbor and neighbor has been cutting back of my woods for years. And surveyor says he'll be out his property and only did a brief search on his.
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answered on May 31, 2024
It sounds like you might be dealing with an issue related to an incorrect land survey. If your deed states you own 13.5 acres but the surveyor's findings, influenced by your neighbor, result in you losing 4 acres, this could be a significant problem. The surveyor's responsibility is to... View More
My deed states I own 13.5 acres 2.5 is where my house sits and other 11 is field and woodlands. The surveyor spoke to neighbor and neighbor has been cutting back of my woods for years. And surveyor says he'll be out his property and only did a brief search on his.
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answered on May 30, 2024
The surveyor has given you his opinion of what you actually own. If you disagree, hire another surveyor for his plat. If it looks good, hire an PA attorney to file a Boundary Line Dispute which is a difficult, expensive Declaratory Judgment Action.
Two years before he passed, he and my grandmother filed wills in France giving each portion of the apartment to me (apartment). How does this get handled in the US and in France?
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answered on May 8, 2024
In this situation, the handling of your grandfather's estate will involve both U.S. and French laws. Here's a general overview of what you can expect:
1. U.S. probate: Your grandfather's estate will need to go through probate in California to settle any debts and distribute... View More
Two years before he passed, he and my grandmother filed wills in France giving each portion of the apartment to me (apartment). How does this get handled in the US and in France?
answered on May 5, 2024
According to French law, there are two forms of inheritance acceptance:
acceptance of inheritance in a simple form (complete);
acceptance of the inheritance with the condition of drawing up an inventory.
Full acceptance of the inheritance can be carried out explicitly, by... View More
The bank took us to court on an ejectment case and won the case on 9/2023. However when the court granted the ejectment the bank was not the owner of the property. Another entity is listed as the owner in the recorder of deeds and on the tax statements. The bank lost possession of the property... View More
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answered on Mar 28, 2024
Ownership of a property is determined by who is listed as the owner in the official records at the recorder of deeds and on tax statements. If another entity, not the bank, is currently listed as the owner there and the bank had lost possession prior to the ejectment, then the legal ownership would... View More
My dad passed away in 2015 he has a house in PR that me and my mother have been taking care of. We are trying to switch the title over to our name but taxes still need to be paid. Do we have to pay the entire amount before we can switch names?
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answered on Mar 13, 2024
In most cases, you can transfer the ownership of a property even if there are outstanding property taxes. However, the unpaid taxes will typically remain attached to the property, meaning that the new owners (you and your mother) will become responsible for paying the taxes once the title is... View More
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
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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
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
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
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
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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
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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
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
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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
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
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... View More
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
answered on Dec 19, 2023
From the information given, it appears that the best thing to do to protect against capital gain tax on your mother's house after her death is to do nothing. If she holds ownership of the house until her death, there will be stepped up basis for calculating capital gain. That is, the capital... View More
If my state, and the federal government declare my area a disaster due to the storm, can the Sba decline a home owner for a home disaster loan?
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answered on Oct 11, 2024
Yes, the SBA can deny a homeowner for a home disaster loan, even if the area has been declared a disaster by the state and federal government. Approval for the loan depends on factors such as your credit history, ability to repay, and any previous debt obligations. If these factors don't meet... View More
Grandpa was military. We all live together. They're getting older so we want to purchase their home from them but would grandpa be able to cosign our loan so we qualify for a VA loan with lower rates?
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answered on Oct 2, 2024
When considering purchasing your grandparents' home, it's important to understand how VA loans work. Typically, VA loans do not allow third-party cosigners, including family members like your grandpa. The loan approval is based on your own creditworthiness and eligibility as veterans or... View More
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answered on Sep 11, 2024
It sounds like you're in a complex situation, especially since the property you're living in is solely owned by your husband. If he has filed for divorce, it is important to understand your rights regarding your current living arrangements. The outcome may depend on several factors,... View More
My house was condemned unfairly. It is not unsafe or unsanitary. My kids and I are now homeless. I appealed and have a hearing in August. City officials are saying I don't have a chance no matter what I do. Even if I do what they are saying is making it condemned. How can I fight this? I need... View More
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answered on Jul 18, 2024
You need to consult a real estate attorney who has experience dealing with property disputes and local government regulations. This type of lawyer can help you understand the specifics of your case, gather necessary evidence, and represent you at your hearing in August. They can also challenge any... View More
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