Legal Question in Real Estate Law in Pennsylvania

I was the caretaker for my father. he just died tuesday. my brother asked me today to move out the house and sell it. i don't want to move. can he legally make me sell, if so, can i just buy him out?


Asked on 8/18/11, 1:34 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Condolences on your very recent loss.

First, your father's estate has to be opened and administered, whether there was a will or not. Until the administration has proceeded to the point where all taxes and debts have been paid, assets may not be distributed.

You brother may not require you to move, unless he already has legal title to the house. Even so, you are entitled to notice and time to move.

If your father was the legal [title holding] owner of the house, and the house was left to you and your brother, either by Will or according to intestate succession, AND it didn't have to be sold to pay estate debts, you and he may agree to sell the house and divide the proceeds or one of you may buy out the interest of the other. As a family member who lived with and was the caretaker of your father, you may be entitled to the family exemption.

Consult with an estate lawyer to protect your interests in the estate and to prevent your brother from mishandling the estate, if he is trying to take over the house and other property.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/18/11, 3:16 pm


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