Landlord died, who owns the house?

Question

In Pennsylvania, my landlord died and his live-in girlfriend claims she's now the landlord. I guess she's going on the whole "common-law wife" bit, but when he was alive I wasn't even allowed to give her the rent! he knew she'd spend it. Her name was and is not on anything having to do with the house, deed, bank accounts, etc. When landlord died, he was in the process of fixing some things. They still haven't been fixed so I stopped paying rent. Legally, I wonder who owns the house? He has no family that has come to claim his property and if "possession is truly 9/10 of the law" then don't I have a claim on the house? Also, if she sells it (to me) and her name isn't on the deed, if a "legal" claimant comes along, can they take the house away from me? I have an appointment with a real estate attorney next week but in the mean time was curious if anyone out there had a real clue to what my rights could be. Thanks.

John, at this point I'm living there month-to-month. But I know that doesn't matter, when no lease is in effect, it automatically goes to m-t-m.

Thanks, you guys are giving me some really good idea and thoughts. I have no intention on just not paying rent and going on a shopping spree, but I just don't want to pay her the money, because as I said, I don't trust her. She claims she's the executor of the estate, but I haven't seen anything in writting to this affect. I think I'll take a trip down to the Register of Wills and look this up. Until then, I'm putting the rent in escrow. Thanks everyone.

Answer 1

The "estate" owns the house until a will is found or the house passes through probate to the heirs as determined by the local laws of intestacy, although the "wife" could assert a statutory claim even if there is a will and it doesn't mention her. You should just continue sending your rent to the same address you always have and let someone else figure it out. If you had a long-term lease then you may have some legal rights to stay in the house, otherwise you can be evicted immediately by the estate or the new owner. You could offer to purchase the house from the estate, if you want it.

Answer 2

Although the landlord died, technically he is still the owner of the property. He will remain the owner of the property until his estate is probated and the property is either sold or distributed to the next of kin or will beneficiary.

In California, if a person dies without a will and there are no known relatives, then an office called the Public Administrator (county/government entity) can open probate and liquidate the assets. You may have this office in your state, if you do you may want to contact them to report his death and inform them about the property. The coroner's office may have some information regarding this type of office.

I don't recommend that you pay the girlfriend anything, she has no right to anything and neither do you at this point. Save your rent money for each month until a personal representative is appointed to handle the probate of his estate. That person will be the one that collects the rent. They will normally have a court issued Letter of Administration or Testamentary telling you that they have been appointed.

Answer 3

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Answer 4

Okay, first of all - until and unless someone gets their name on the title, DON'T pay. Put the money in a bank account, and when the legal stuff is dealt with, you'll have your back rent ready to hand over to the rightful owner. If the girlfriend complains, tell her that you don't want to get stuck with trying to get the money back from her if the court doesn't agree with her claim, and that you can't afford to pay rent twice - and SHE can't afford to be sued for the money back if the courts decide against her claim.

Unless she can prove she was his common-law wife (and the laws on that vary from place to place) then the title will go to the closest living relative, or whoever his will left the property to. This assumes that he left a will, of course. You do NOT have a claim on the house. You signed a rental agreement, not a rent-to-own contract.

The courts will look for the landlord's next of kin, and you may be able to buy the house from them, but don't try to buy from anyone whose name is not legally on the deed to the house. Whoever his heir was, they are the ones who will be able to decide if they sell and how much they'll sell it for.

To find out more specific information, contact a lawyer and see if they can tell you what your local laws require.

Answer 5

I am not a lawyer -- do not follow this advice because I say so, only if you think it is the smart thing to do.

You have no claim to the property. You should continue paying rent, but not to the girlfriend (at least, not for now), but, rather into an escrow account.

Eventually, the probate court will decide who inherits the property. Be ready at that point, to try to buy the house for 60 to 70% of its appraised value.

This may take two or three years. Not putting aside money for the rent will eventually get you in trouble.

Answer 6

When some one dies leaving no will The property goes into Probate. I would put the rent in Escrow if I didn't give the money to her[and I wouldn't] .If she is not recognized legally as his wife. However distance the relative, it will be their property.When they show up you will be held accountable for your rent.or be sued. It takes the state a while to get to it but they will.Don't enter into anything legal with that woman until you're sure it has been turned over to her.

Answer 7

DON'T discuss anything with her.

Talk with the real estate attorney. There is so much to discuss here, such as... Deed? Title? Land? Mortgage? Equity? Estate? Will? Foreclosure? and much much more.

You're the client to your real estate attorney, not her. So, don't give her ANY information about anything you are doing.

Indirectly, YOU have been paying the mortgage. I said, 'indirectly,' but you can't just 'take' a house. You can buy out the existing loan, or so many other options.

You did the right thing, now hush 'til you see the attorney.

Answer 8

You need to keep your rent money in an account so when it gets all settled you have the money to pay the back rent. The attorney can figure out exactly what you need to do and he can help you as far as figuring out who the house belongs to. If there is still a lienholder on the house it may end up going back to the bank if there is no heir.

Answer 9

If you are not going to pay her the rent then you need to put it in the bank each month so that if she takes you to court you can show you have it. The judge will ask why you didnt pay it and you can explain the whole situation to him/her.

Your real estate agent is probably going to tell you not to buy this house until its done with probate. The probate will determine who officially owns the house. Then when that is done you could buy the house. Be sure to explain the whole situation with your realtor.

Answer 10

You own nothing. You do not have a valid claim on the property. You owe nothing to the girl friend. If the land lord died without a will, someone will have to set up an estate and get named executor. If an estate does not get set up, the state decides what to do with the property.