Legal Question in Wills and Trusts in Pennsylvania

If there are 4 kids names on their parents house (the deed) and the parent then dies, what happens if one or two of the kids do not pay their portion of the bills and taxes?


Asked on 10/07/15, 1:33 pm

1 Answer from Attorneys

Are both parents dead such that the 4 children own the property? This many people owning property is a bad idea. I would recommend that those who want the property buy out the shares of those who don't. That way someone is not stuck owning property and paying for it that they do not want and cannot afford. Either that or everyone needs to agree to sell the land. Or all the children could set up a family trust and put the land into the trust. However, this will only work if the land is going to be making money in some way - rented out, selling mineral rights, etc. The trust income could then go first to expenses (taxes, insurance, upkeep) and then an profits can be divided among the beneficiaries (the children) on a quarterly, semi-annually or annual basis.

If nobody wants want to buy out the others or sell or create a trust then any one of the heirs can bring what is called a partition action. If the land can be divided, then each child can get a 1/4th of the land. Or perhaps 1/4th of the land can be segregated so that the child who wants to sell can do so and the others can keep their portions. In most cases land cannot be divided and if that happens the court will order it to be sold and the money will be split amongst the children less sale costs. This will require parties to get an attorney.

That would make the most sense. If 3 of the children pay all the taxes/maintenance and 1 refuses, the 3 would have a claim for contribution from the reluctant child. Of course, the reluctant child would also be entitled to 1/4th of the rental value of the home or an other income produced by the property.

The cheapest and easiest thing is really for those who want it to buy out the ones who don't. That will be simple and will just require a new deed to the land if its owned free and clear.

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Answered on 10/07/15, 11:47 pm


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