Legal Question in Real Estate Law in Pennsylvania

A property that was at one point in time co-owned by a father and son was sold several years later to the father's brother for $1. The father's brother wishes to convey ownership of the property to his nephew after a period of one year. The nephew does not want the responsibilities involved with the property. Assuming that the parties would agree upon it, would it be legal for the nephew to convey ownership of the property to his brother (who was formerly a co-owner of the property along with his father) for $1 after a certain length in time has passed?


Asked on 6/11/13, 5:16 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Generally, owners may convey property as they please. However, they cannot force another person to accept a conveyance. It doesn't matter what the consideration is, but it is common for intra-family deeds to be for $1.00. It sounds like a lot of transfers without any clear purpose.

It would be best for the current legal owner to first consult with a local real estate attorney, and, depending on the ages of the father and his brother, to consult with elder and estate planning lawyers. Each person should consult his own lawyer, since their interests are not the same and they need separate counsel. Transfers made by them may disqualify them from medicaid and other benefits they may require within in the next few years.

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 6/11/13, 8:14 pm


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