Do I have any right to my fathers house?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have any right to my fathers house?

My father is in county jail in Georgia awaiting
sentencing for 4 felonies he will be in prison
for 5-10 years. His house is in Pennsylvania.
His wife is deceased and he has 3 children,
including myself.
Do I, or any of my siblings, have any right to
claim his property since he has no way to pay
the taxes or bills?
He is letting one of his friends live there and
she is supposed to pay the bills and property
taxes, but I do not believe that she will.
What can I do, legally?

Asked on December 9, 2017 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you do not. Being someone's child by itself gives you no right to his property. It doesn't matter if your father cannot pay the taxes and bills and will lose the house; it doesn't matter if he is letting someone irresponsible live in the house; it is still *his* house and he decides what to do with it, even if that decision is profoundly unwise. He could sell or give the house to you, or keep it for himself and nonetheless give you power (through a POA or power of attorney) to manage it (e.g. decide who lives there; rent it out, if you wanted; etc.), but he has not done that. If he will not voluntarily give you or sell you the home, or otherwise give you authority over it, there is nothing you can do.
You can bring a legal action (lawsuit) to get any belongings of yours out of the home--the occupant has no right to them. But that is the limit of what you can do without your father's consent.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption