QUESTION

why does my father get all the house?

Asked on Mar 09th, 2017 on Wills and Probate - Pennsylvania
More details to this question:
Left my mother for another in 1979, never paid mortgage or support for 13 year old brother. Myself and my brother helped her pay 20 more years of mortgage and upkeep, roof, plumbing etc. They were never divorced and she passed away, he is in a nursing home and they called and told my brother we have no rights to the house and we have to sell it and put in a account for him.
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1 ANSWER

Maryellen Sullivan
That's a difficult situation.  I'm guessing that the house was in both of your mother and your father's names as joint owners, so it became his when your mother passed away.  Your mother could have altered this form of ownership while she was living, but it cannot be altered now.  I'm also guessing that your father is receiving Medicaid assistance for his nursing home care and the state has learned that he has this house as an asset and so wants to force a sale and use the funds toward his care.  I would advise meeting with an attorney to pursue filing a claim of unjust enrichment against your father, claiming that you contributed a certain amount of funds toward the house (mortgage, repairs, etc.) and seeking compensation from him since he is now the owner.  YOu will need documentation of your contributions, and, if you have lived in the house, you may face a defense that these payments were like rental payments or even gifts to your mother.  Then again, if your father is in a nursing home, it is not clear who would defend against this lawsuit on his behalf.  Maybe you would end up negotiating some sort of settlement with the state Medicaid program division.  There also may be another legal cause of action available to you in PA, such as pursuing child support if there was an order for your father to pay and he did not do so. 
Answered on Mar 09th, 2017 at 7:51 AM

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