QUESTION
How do i gain possession of the house or get back what i put into renovating it
Asked on Dec 26th, 2021 on Wills and Probate - Pennsylvania
More details to this question:
In 2020 my fiance and I renovated a house he owned. I used $36,000 from my 401K plus most of my paychecks for the 7 months we were renovating. We did all the work ourselves. Exhausting 7mos. we moved in, on 7/11/20 . he had been going thru a divorce for 4 years& settled on 8/11/21. He got the house. We were applying around for mortgages to have it in both our names but My fiance suddenly passed away 9/13/21. He had no will and his father became his estate holder. I decided i want to buy the house and told his father too. Ive invested so much time and over $60,000 of my own money, that i feel i should be sold it for whats left on the mortgage and i even offered he could add whatever he paid for his funeral. Ive been cooperative with his parents this entire time & theyve been nasty & greedy. I dont think they should profit off this & make me start over. Now his dad got a lawyer & wont return my calls. Im worried now. What can i do?
1 ANSWER
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I regret that you have a severe uphill battle which you will likely lose. As your fiancé passed away, all of his property became property of the Estate which I trust his father is administering. Since there is no Will, Intestate laws dictate distribution. I believe parents take first and the house will become his property. He may then keep it or sell it as he wishes and can certainly decline selling it to you.
Your only potential claim against the Estate is unjust enrichment for reimbursement of the funds you invested. The argument would be that your fiancé knew or should have known he was going to reimburse you with funds or an interest in the real estate. However, the Dead Mans Statute may very well preclude any evidence of what he may have said to you at any time. If you wish to make a claim, you should seek estate counsel ASAP.
I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
(610) 489-3041 o
(610) 489-3042 fax
nahrganglaw.com
Answered on Dec 31st, 2021 at 10:16 AM