Real Estate law- A question for Law students Or Attny's?

Question

- serious answers only please -

Area of law: Property law
Country: United States of America
State: Pennsylvania

This question is reguarding property ownership: On aug 22 of this year my
mothers companion of 31 years passed away suddenly.They had owned a home
together and my mom actually paid for the home with her inheirtance but the
house was put into only her partners name. While they spent many years together
they never legally married and my mom is a cancer patient and terrified she
will lose her home to either the state or a family member on his side.
what are her legal rights? she is of extremely modest means as cancer has
left her on disabilty and 900 a month to live on she
certainly cannot afford an attorney. Thanks for taking the time to read my post :-)
- serious answers only please -

Answer 1

First - get a lawyer. You're going to need one. Check your phone book for legal aid if you cannot afford one.

Does your state allow common-law marriage? If so, and you can show that your mother and her friend lived together for a minimum number of years, that may be considered as a marriage and entitle her to inheritance.

Was she named in any other documents, such as life insurance or a will? That would go a long way toward establishing both common law marriage and right of ownership.

Did she keep any reciepts or records of payments she made on the house?

Will her friend's relatives try to take the house? Did he have any children or other close family that will come looking for inheritance money? If not, you dont have much to worry about. The state would not try to take the house unless there was absolutely no one who claimed it.
But deaths have a way of bringing relatives out of the woodwork looking for money, its not pretty.

Answer 2

It would have cost about $40 to have your mom put on the Deed while her partner was alive, married or not. If it was only in the other persons name, they didn't own it "together".

Was the house left to her in the will?

Your mom will need a lawyer, and a good one ... fast.

She and her partner made the choice to not handle their financial affairs properly. That was their joint choice, and now your mom is going to suffer the consequences.

I don't mean to sound cruel, but every week I see people that got themselves into a huge expensive mess that could have easily been avoided had they only used the tiniest drop of common sense.

Answer 3

I'm assuming that her partner did not have a will. If so, your mother's position with regard to the property is difficult at best. She (or you) need to consult a good Trust & Estates attorney... her alternative is to lose the property.