How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33713
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My grandfather died in 1957 he left no will. he has nine

Customer Question

my grandfather died in 1957 he left no will. he has nine children all but three have passed away. My father one if the surviving children lives in the home still pays taxes and now he is sick and I along with his granddaughter live here. I have been getting calls from family members saying there could be a problem. In other words I get the feeling
they are going to try and sell the house from under me. They never paid taxes since 1957 nor any repairs on the home.
Any help you can offer would be great. We are in phila.pa.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

This potentially presents a problem because if no one ever filed a probate case to settle grandfather's estate, then the house would still be in his name and be an asset of his estate. So if someone filed a probate case to settle grandfather's estate, they could try to force a sale of the house since it is in grandfather's estate.

.

Father's recourse here to protect his interest would be to file a "quiet title" lawsuit against grandfather's estate and claim the property under the legal doctrine of "adverse possession". In PA, if someone maintains exclusive, hostile use and possession of the property of another (i.e. the estate) for at least 21 years, then they can legally claim ownership of it by law. Pennsylvania Code §42-5530

.

So it is critical that he talk to a local real estate attorney to get a quiet title lawsuit filed so as to assert his claim to the property and pursue claiming sole ownership of it.

.

.

thanks

Barrister

Related Estate Law Questions