Legal Question in Wills and Trusts in Pennsylvania

Can the sale of property to a family member prior to a death be contested in the state of PA?


Asked on 10/17/13, 7:59 pm

1 Answer from Attorneys

It depends. You provide no facts relating to the sale. When did the sale occur? Was the sale for fair market value? Was the sale engineered or instigated by the purchaser or is this something that was the seller's idea? What lawyer did the deed and who did the lawyer represent? When did the seller die? Did the seller have a will? Who would have been the heirs of the estate if there was no will? Are you one of the intestate beneficiaries? If there was a will, are you named in the will?

If the sale was made during the life of the seller, it will be very hard to set aside. The executor of the estate would have to bring a legal action to set aside the deed or bring an action to have a constructive trust imposed on the property if there was some kind of fraud/undue influence involved.

Pay a lawyer to review the circumstances surrounding the transaction, including any deed and will. A probate lawyer or real estate litigation lawyer who practices in the county where the land is located would be the place to start.

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Answered on 10/18/13, 12:25 pm


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