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.

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

You should continue paying rent, but not to the girlfriend. If you can find out who the executor of the landlord's estate is, contact that person and find out how they want the rent money paid until the estate is settled. They will probably want it paid to some trust account for his estate for now. If you can't find this information, set up an account at your bank and put the rent money in there. It will help protect you from being evicted, and also has the advantage that you won't have to come up with several months rent all at once when the rightful owner is determined. The rightful owner may be determined through the landlord's will, or if no will, the courts will decide. Possession is not any part of the law, so unless the landlord names you as owner in the will, you have no claim on the house.

Answer 2

I live in Ky but had the same problem. My landlord had been in the process of pricing the home so I could buy it from him when he died. His girlfriend came to pick up the rent the next month and told me what had happened. I didn't give her the rent because I didn't really trust her (for the same reasons).

I found out through the local newspaper who the executor of his will was and contacted them. I ended up paying the executor the rent until I moved out. It was really a mess.

My suggestion would be this... contact the executor and ask who should be receiving your rent- get it in writing. I wouldn't think that you would have a claim to the house, but the state may take possession of the property if no one claims it. If you are interested in buying it, ask your real estate attorney.

Answer 3

You might want to go with legal aid. Its free. You have to pay the rent by law nomatter what is wrong with the place. But you can right them a or her a certified letter and keep a copy, of the things wrong with your place. No, possection is not 9/10 of the law where you stand. The courts will look at you being a vagrant for not paying your rent. She has the right to evict you at this time. By law she is the owner no matter what she does with the money. If your worried about her paying a mortgage if there is one on the property than you should be looking for another place now.I am sure she is getting a attorney, She will have to get the deed in her name by common law marriage. And she will. Then she can sell it to you legally.
Hope this helps until you can conferm this.

Answer 4

If there are no relatives the house goes to the state. Not whoever is squating in it, or girl friends. If there is a mortgage the bank may simply take it back.

I do not think Penn is a common law state, but I am not sure. There are only 3-4 of them and I think they are all in the south.

There is no possible way for her to sell you the house, the deed is not hers to sell.

You have a right to continue to pay rent, the lawyer will set up an escrow account for you to pay in to since you don't know who his next of kin is. That way you are not illegally residing there. The girl friend has no more claim to the property then you and would not be the landlord.

But, if you are thinking that you have a right to the deed you are mistaken.

Answer 5

Have the girlfriend have the executor of the estate contact you. Until the will is settled no person has rights to the property. Put in writing that until the executor of the estate offically contacts you, you will be depositing your rent payments into an account set up specifically to house your rent.

Do not buy the house from her until the estate is settled. The title company would probably put a stop on it BUT.

If you have an attorney friend, you may want to have them draft the letter. Make sure the letter also lists the repairs that were in the process of being done.

Answer 6

It depends on what was in in will. His estate, all assets and liabilities will be distributed according to his wishes. Keep in mind, creditors and the government will get thiers first so whatever is left will go to the beneficiaries, if it is decided there are no legal claims (you sound as if you do not have one) then it would go to the state. If he did not own the house then the bank would probably put it up for sale and evict any current tennants. Either way, you should still be paying your rent.

Answer 7

File a claim in the probate court in your town or city. You should also continue to pay rent or make arrangements to pay rent into a trust fund so that you can maintain your rental contract and your right to inhabit the dwelling at least until the contract expires.

If you don't then the estate can move to evict you from the property.

Answer 8

The attorney is the one you're going to want to talk to. Apparently the house is already paid up - if it were on a mortgage, then the bank would have handled this. Even if it isn't, come property tax time, the governement is going to take issue. If you go to your county website, you may be able to do a property search to find out who legally owns the house according to the state - if it still says the deceased, then its not resolved.

Answer 9

I would not give her the money. If you do pay anyone, get a detailed receipt.

You may be able to see on line who owns the property. Where I live, I can go to the county's web site, then click on tax assessors office, and see all the properties and their owners in the area.

I assume that the property will go to the landlord's family. Whether it goes to a common law wife is, espcially in PA, is questionnable.

Answer 10

Definitely do not give the girlfriend the money, but keep the money in your account and don't spend it, eventually you will have to pay the rightfull owner the money. The real estate attorney should be able to answer all your questions, but you might want to start looking for alternative living quarters...