Legal Question in Wills and Trusts in Pennsylvania

10 years ago my father passed away and left his house to me and my sister. My nephew moved into the house immediately and has been there ever since. I never rec'd any rent but my sister has always paid the taxes on the house. A year ago I asked my sister if we could sell the house or if we could get an appraisal and she could buy me out for her son to continue to live there. She told me

she would get it appraised. I still have not heard anything from her. Do I have legal rights to get my share of the house and how do I go about it?


Asked on 3/05/10, 9:36 am

1 Answer from Attorneys

Lloyd Welling American Wills & Estates

If the house was left 50/50 to you and your sister, then you certainly have an interest in the property. Seems like you've waited an awfully long time to take this matter up, but I think you were more than reasonable in asking your sister to buy you out. The fact she has paid the taxes on the property doesn't mean that she has any greater interest in the home then you do. As you said, you have never received any rent money from her son and you would certainly have been entitled to half of the fair market rental value of the property since he's been living there. Problem you might have is that if your sister or her son are not in a financial position obtain financing and buy you out, then it become necessary to litigate this matter in court. In any event, you do have options. If you'd like to discuss this matter further, please feel free to contact me directly either by email at [email protected] or through our firm's website at www.americanwillsandestates.com. Thank you.

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Answered on 3/10/10, 10:53 am


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