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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23395
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I am selling my home in PA. I cared for Mother and Aunt in

Resolved Question:

I am selling my home in PA. I cared for Mother and Aunt in the home which has always been in my name only. Mother and Aunt had to go to a nursing home and have since died. My Father is still living and willing to sign off his life tenancy knowing myself and my new husband will always take care of him. My Mother passed in 2007 and my Aunt in 2010. There was no welfare involved. They had Medicare and my Aunt was on SSI. All monies went to the nursing home during their stay. There was no outstanding debt for them. It seems the Attorneys are in an uproar over the life tenant terminology on the deed. What is the problem?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I am a little confused by a couple comments....

You said that "I cared for Mother and Aunt in the home which has always been in my name only."
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So you are the only one on the deed correct?
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Then you mention that father has a life estate. A life estate is reserved by a seller when they convey property to a buyer.
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So how does father have a life estate if the house has always been in your name?
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.
Thanks
Barrister
Customer: replied 1 year ago.

My father was also a Life Tenant on the deed. I am the sole owner on the deed.

Customer: replied 1 year ago.


I wanted to make sure you got my response. I have always been the sole owner of the home. My father was life tenant, NOT life estate

Expert:  Barrister replied 1 year ago.
Ok, a life tenant means that the holder of the life tenancy has a life estate. They are the different terms for the same concept. This means that the holder has the right to live in the property for their entire life and upon their death, the life tenancy terminates.
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A life tenancy is granted in the actual deed when a property changes hands so I am still a little unclear about how father originally got the life tenancy?
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Thanks
Barrister
Customer: replied 1 year ago.

We have been a close knit family and wanted to reassure all involved that they would be taken care of and had a place to live if I passed away. My father is not an issue according to the real estate attorney and needs to sign a paper which my father will gladly do. He now lives 3 miles from my husband and myself. I just married a year ago and huband lives 60 miles from the home-thus the selling of home in Erie. According to the lawyer it is the 2 deceased family members that are the issue.

Expert:  Barrister replied 1 year ago.
Ok, I guess how father got the life estate isn't legally relevant if he is willing to voluntarily relinquish his rights to it.
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As for mother and aunt, if Medicaid has not filed any type of lien on the house, which would be difficult for them to do at this point especially if neither of them had any ownership interest in the house, I am not sure exactly what the problem is. It would only present a problem if some creditor has some type of lien on the property due to a debt and they had an ownership interest when they passed....
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Even if everyone had a life tenancy in the house, they would have extinguished when mother and aunt passed. If this is the case, then the issue that they might be having is getting documentation of their deaths so to prove to the buyer's lender that their interests have been extinguished due to their deaths.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23395
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

My husband and I personally went to New Castle and got certified copies of their death certificates and E-mailed them. So I agree, there is NO problem. Thank you very much for your time Barrister.

Expert:  Barrister replied 1 year ago.
You are very welcome. The multiple life tenancies must have been what has thrown them for a loop because it is unusual for more than one or two people to have them on a piece of property. So it is just a matter of getting all the paperwork in place to show that all have been extinguished or will be extinguished so you can convey clear title.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23395
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 2 other Legal Specialists are ready to help you

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