Legal Question in Real Estate Law in Pennsylvania

purchasing a property

my landlord died in the late 1990's and before his death his daughter had power of attorney. the house was never turned over into her name. i still paid her rent. she did not even pay the taxes on the house and to keep the house from going into foreclosure, i paid the taxes to the city out of the rent with her permission. i paid for all the major and minor repairs out of my own pocket, because she could not afford to. i will not pay her any rent until the major things are done. she has agreed to sell me the house. can she sell this property to me.


Asked on 4/24/07, 1:10 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: purchasing a property

Your landlord's daughter had authority to act under the Power of Attorney only until her father died. A Power of Attorney dies with the person who created it.

In order for her to take any legal action with respect to the property, she must open an estate administration in the county where her father resided at the time of his death and go through all of the processes of completing the administration of the estate.

You should not purchase the property from her without representation by a knowledgeable lawyer and title insurance through a recognized title insurance underwriter. Otherwise, you risk not getting clear title and being subject to liens, including those for inheritance and estate and all other taxes owed by the decedent and his estate.

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Answered on 4/24/07, 2:03 pm


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