Legal Question in Real Estate Law in Pennsylvania

I have a deed question , 11 yrs ago my dying brother wanted to give his home to my disabled granddaugher, but her being only 10....it was agreed upon that my name and my sisters name would be put on it until she was of legal age. This was his only wish and he made it clear to everyone this was to happen ( even his own children understood this). Well the time has come and my sister ( she's married and so her husband must sign also )....refuses to sign off, they have never contributed a dime for anything, I tried to rent it but doesn't work out, so I have paid and expense.... I need advice !!


Asked on 7/14/14, 7:06 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Didn't the deed to you and your sister say "in trust for [your granddaughter's name] until she reaches the age of majority, and at such time, legal title to vest in her" or something like that? If it didn't, you'll have to sue to impose a constructive trust and have the title confirmed in your daughter. Find a lawyer who understands what that will require in the county where the property is located.

One of the problems you will have to face and solve at the same time is providing for the expenses of maintaining the property - both repairs and replacements and paying taxes and insurance on the property without disqualifying your granddaughter from any government benefits she may need and be entitled to. You and her parents should also be consulting a lawyer who is familiar with special needs trusts to assist you in that planning.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 7/14/14, 11:30 am


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