Legal Question in Real Estate Law in Pennsylvania

Question concerning Life Estate or Life Rights in Property

I am handicapped an my parents sold my home to my brother for 1 dollar in good faith to safeguard it so i could never lose it in any way. my brother got made at me and now he is trying to sell my home alto i have life rights. can he legally sell it.


Asked on 10/23/97, 1:21 pm

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Life Estate in Real Estate

There are many facts missing from your question that are needed to evaluate your situation.Isuggest you consult legal counsel in your jurisdiction. If there was a legal agreementbetween your brother and parents that protectedyou, I would feel comfortable that you couldstop the sale. However, if there was no writtenagreement establishing your life estate, I believethere is a good chance that your brother couldsell without your consent. Are your parents stillalive? If they are they could stpp the sale byinforming the court of the condition of the transfer. However, your life estate must becreated in writing. There are arguments abouta trust that could be made. This case needshelp from local counsel in order to effectivelyprovide you with advice.

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Answered on 10/27/97, 10:49 pm
Miriam Jacobson Retired from practice of law

Deed to Brother for your benefit

If the Deed from your parents to your brother had language in it that gave you a life estate in the property, then even if he were to sell the property, you would have the right to live there during your life. If the Deed did not have such language, but your parents relied only on an unwritten agreement with your brother, you are in a more difficult position.

You should consult an attorney and review all of the facts in your case to determine what your real risks are and how to protect your rights.

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Answered on 10/28/97, 10:22 am


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