We have been living in my grandmas house in the state of Pennsylvania for going on three years. The deal was we pay utilities and taxes and we live here free. We were worried that in case she died we would be forced out so she put in her will we could live in this house as long as we wanted then when we decide to move out the house will be offered to us or my mothers sister. If neither of us want the house it would then be sold. My grandma died about 3 months back and in the mess of collecting her estate from the house we were served a notice to quit for 10 days from her executrix. Are there any actions we can take to this besides moving out since it is in the will and the Executrix told us we would have time to buy a house. This is urgent so a fast answer would be appreciated.

We're all volunteers here so it takes a while to get an answer.

I don't think you want to hear this but you really need to consult with an Attorney. I was told (and I'm in NY) that I could not control any part of my estate by Will. I needed a trust in order to make a similar arrangement concerning my house.

Do you have a copy of the Will? Take it to an Attorney.

Yes we have a copy of the will and we have an appointment tomorrow with the attorney working with the executrix. Unfortunately she will also be there. Just wondering my options at this point.

I think if the will states that you have the right to live in the property, then her vacate notice was improper. First, PA law provides for a 30 day notice of termination of tenancy. So 10 days is improper.

What Judy said about NY law surprised me, as I thought that you could make such stipulations in a will. So you need to check with PA law to verify that.

Is the attorney the same one who drew up the will? Did an attorney draw up the will? If it was prepared by an attorney I would assume that clause is legal. And while an executor has some broad powers they can't go against a specific instruction in the will.

No, an attorney did not write the will as far as I know. The executrix is related to us and knows somewhat about law so we didn't know if it was legal or not. The will was written up by the executrix and was signed. And as far as I know any document that is signed in the state of PA is a legal document.

Quote:

---

Originally Posted by JudyKayTee

... Do you have a copy of the Will? Take it to an Attorney.

---

Quote:

---

Originally Posted by andythesk8r

yes we have a copy of the will and we have an appointment tomorrow with the attorney working with the executrix. Unfortunately she will also be there. Just wondering my options at this point.

---

I don't want to put words in her mouth, but I suspect that Judy was suggesting that you talk to an attorney who can give you legal advice. The attorney for the executrix has a duty to represent and advise her, not you. The attorney is legally incapable of advising you.

Speak to your own lawyer.

We wanted to talk to the attorney she's working with because it seems like she's playing dirty. She said the attorney was giving us 2 weeks to look at houses and come up with a decision. We find a house that we wanted ask her if its OK if we buy it. It would take a while to close but that's natural. And boom we end up with a notice to quit. When we called and talked to her she said we had nothing in black and white. And that we had not been returning her phone calls. She never called within the last week when we decided on this house. She comes in to get the bills and mail that isn't ours and leaves. We wrote her a letter asking her about if she was OK with us buying the house and we end up with a notice to quit. So we would like to talk with her attorney to see what she's been saying and if its actually the truth and not her putting words in our mouths or making it seem like were not doing anything.

Anyway all help with this is greatly appreciated.

First this is HER attorney and is being paid to protect her rights, so they will tell you exactly what she wants you to be told.

They are not looking out for your rights, So if you want to do something besides move out, I would have my own attorney.

Next I would assume you would have to pay all the expenses and upkeep of the home at this point, since a will can not force them to provide for you, unless there was money put up for the care of the home. They will of course have to give you the right to buy the home.

I understand that you want to talk to her attorney so as to make sure he is getting your point-of-view. But the fact remains that you also need to talk to an attorney of your own. Most will give free consultations (in the hope that you retain their services) if that's the problem.

Quote:

---

Originally Posted by andythesk8r

... we wanted ask her if its ok if we buy it. it would take a while to close but thats natural. and boom we end up with a notice to quit. ...
We wrote her a letter asking her about if she was ok with us buying the house and we end up with a notice to quit. ...

---

I don't understand. Why do you feel you need her permission to buy another house?

We needed permission because u can't live in a house until it closes and that could take up to 3 months. Which means we would have to live here 3 months. She wants us out NOW so she can sell that house. We have the money to just buy the house outright or a decent house in the area so we are weighing our options. Because if we buy it outright we don't have to wait for it to close. We were just looking at getting a "nice" house

And are you sure this is "her" attorney because I'm pretty sure he's the attorney of the real estate.

I would not meet with the attorney for the estate without having my own attorney there as well. The attorney represents the estate and the executrix, not you. From the way that you have described the situation they are your adversaries. The enemy, you know? So you cannot believe anything that they say to you at this point. You will gain nothing by meeting with them and may find yourself worse off.

Get your own attorney now.

Quote:

---

Originally Posted by andythesk8r

and are you sure this is "her" attorney because im pretty sure hes the attorney of the real estate.

---

A house, or other real estate, doesn't hire an attorney. A probate estate, administered by an executor (or executrix if she's female) would.

I believe an attorney for an executrix and an attorney for a probate estate are pretty much the same thing.

First, buying ANY real estate requires a closing. If there are no lenders involved the closing can usually be scheduled more quickly.

Second, unless you hire an attorney you do not know if you are getting accurate legal advice. Its not clear who this attorney represents only that he doesn't represent you.

Third, a signed document can be legal, but provisions in that document may be illegal, thereby voiding the document or just those provisions. So if PA law does not allow a will to direct control of an asset as Judy says NY law does, then that provision is unenforceable. So you need to consult a PA estate attorney who can let you know if that provision is enforceable. If it is she can't force you out.