Legal Question in Real Estate Law in Pennsylvania

Our father passed away and mother already passed. There are 5 siblings. One is living in the home but is taking no responsibility for any bills. There is currently no home owners insurance because bill was not paid. What are the legal implications to the heirs?


Asked on 11/06/11, 4:29 pm

1 Answer from Attorneys

Are you speaking of insurance? Is the house owned free and clear? Or is there a mortgage. If the home is owned free and clear, there are no real repercussions other than the fact if the house burns down or is flattened by a tornado or some other calamity happpens, then you and the other heirs will suffer the loss and you will not be able to recover from anyone else. So find insurance and pay the bill. If there is a mortgage and the mortgage lender finds out, this is a violation of the terms of the mortage. Even worse, the lender may put in place forced place insurance which is even more expensive.

What you and the other heirs not living in the property need to do is hire a real estate lawyer now. The sibling living in the house has a choice - he/she can pay rent to the others (or can agree to pay the mortgage) plus the taxes and other bills OR the sibling living in the home can buy out the shares of those who are not. If the sibling in the home can't, then anyone else can buy out the shares of those who don't want it. If nobody wants the home, then anyone can bring a partition action and force the sale of the home.

You and the others cannot simply allow one sibling to live in the home rent free and not pay the bills.

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Answered on 11/07/11, 9:24 am


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