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Question
In 1995 myself and my boyfriend bought a house together. He passed away in 1997 with no will. I have kept the house until the present. (payed everything by my self.) 13yrs. I am trying to get his name removed from the dead, but have run into some problems. He has 2 children aged 26 and 27. They seem to think that they are in titled to payment for 13yrs. I think they are only intitled to equaity for the 2 years that their father was alive. I also have 3 adopted children that have in this house since birth. aged 15, 11, and 8. Please help I am really worried about this. Thank you so much. C.A. Harmon
Submitted: 365 days and 21 hours ago.
Category: Estate Law
Value: $15
Status: CLOSED
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365 days and 21 hours ago.
Reply
Levittown, Pennsylvania
Already Tried:
I have tried to refinance to pay some cc debts this is where I came across this problem.
Posted by
N Cal Attorney
365 days and 15 hours ago.
Info Request
If he died over 10 years ago, isn't it a little late for them to try to shake you down?
http://www.finance.cch.com/pops/c50s10d190_PA.asp
has the PA intestacy laws.
Was there ever any probate court proceeding to settle the estate of your former boyfriend back when he died?
http://www.expertlaw.com/library/limitations_by_state/Pennsylvania.html
states:
Under Pennsylvania law, an unemancipated minor (a person under the age of eighteen who is not totally self-supporting) may file suit within two years of his or her eighteenth birthday. Unless a longer period is otherwise provided by law, an emancipated minor must file suit within two years of the date the injury occurred.
I'd also like to ask how title to the property was taken when you boght it with him. Were you joint tenants or tenants in common? Joint tenants each succeed to the share of any decease joint tenant but tenants in common who die without a will leave their interest to their heirs. Even assuming it was tenants in common, those kids of his have been over 18 for more than 2 years and if they wanted to make an issue out of it they should have done so before now.
If you are having trouble establishing clear title, you can get an attorney to file an action to quiet title, and you can specifically extinguish any claims by those heirs who failed to act within the statutory time.
I hope this information is helpful.
365 days and 5 hours ago.
Reply
No, there was never any probate court proceedings. All I know about the title is that I have the original deed.........my name is on it first, then his name. It says my name "and" his name. Hope that helps. I am trying to refinance my house and I was told that I need the kids signature to take their fathers name off the deed. They want compensation for this.
Accepted Answer
In general the presumption would be that you were tenants in common if the deed was as you described.
I remain of the opinion that the statute of limitation has expired on their claims. You can still buy them out if you wish, but I would not offer more than the estimated costs and fees it would take to do an action to quiet title.
http://lawyers.findlaw.com/lawyer/firm/Real-Estate-Law/Levittown/Pennsylvania
is a directory of real estate attorneys in your area, some of whom offer a free consultation. I think you should sit down with a local attorney, print out and bring a copy of our posts on this question, and get an estimate of the charges to quiet title and another opinion as to whether the statute of limitation on their claims has expired.
Expert:
N Cal Attorney
Pos. Feedback:
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Accepts:
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Answered:
11/8/2008
Attorney
Since 1983
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