Expert: Dick Dennis - 11/4/2010

Question
QUESTION: My father deeded his Pa property to me in September 2009. It should be noted that this deed stated that he gave up his life estate deed as a result of signing the 2009 deed.

The deed specifically states property and premises. My sister informed me after my fathers death that she holds the title to the manufactured home on this property which was purchased and placed on the property in 2007 and my father paid the taxes on this home and property. My sister is willing to sign the title over to me if I pay her 16k. S Does the deed drawn up in 2009 which states premises and property supercede the person named on the title of the manufactured home. Also can I sell this piece of property with the home if my name is on the deed and her name is on the title.



ANSWER: You should present this matter to a real estate attorney, Russ. It may be PA treats life estates uniquely. In my extensive time as a real estate broker, a life estate is exactly what the name implies: It is good only for the life of the person who has that life estate. Once that person dies or leaves or abandons the property or fails to maintain it as required by life estates, the life estate ceases exist. A life estate is subordinate to whoever has property title.

Your sister apparently owns that property. Period. She offered to sell you the property for 16K because the owner of record, the title holder, has that right. To verify what I say here, consult a real estate attorney. I do wish you well.

Dick Dennis
dixiedee13@aol.com

---------- FOLLOW-UP ----------

QUESTION: When you say she owns the property,  I assume you are referring to the manufactured home.  The property is deeded to me and my name is on the taxes in the county courthouse. I am currently paying the taxes on the home and the property.  It should be noted there is not a foundation.
I understand I need to speak to a real estate attorney,  just wanted to provide clarification.

Answer
Yes, I understand, Russ, that's why I am recommending talking to a real estate attorney. You see, real estate is the land. This you know. But real estate is EVERYTHING connected to that land. If the house has no foundation, then it is sitting there illegally, I would think. If it is more like a mobile home rather than a manufactured home, then indeed it could be on the land without being connected to it. You need to have an attorney define the status of the home for you. As you may know, the title to the home itself is like the title to a car. In most states the title to the mobile home is handled through the DMV. It is therefore separate from the land and can indeed have a separate owner.

Be well.

Dick Dennis