My house ownership

Pennsylvania Resident

Hi I currently live in a 3 story row home in Philadelphia, PA and our house has been under my uncle's name (father's brother) and we have been trying to find out how to put it under our name. He is unable to be located and we have no contact for him whatsoever. We are trying to legally put it under our name and would like to know is there another way to go about this. We have been occupying the house now for more than 13 years but we have never changed it over to our name and now that we are trying we don't know how. Does someone know what to do?

[I AM ALWAYS LIABLE]

Originally posted by evelynp
Pennsylvania Resident

Hi I currently live in a 3 story row home in Philadelphia, PA and our house has been under my uncle's name (father's brother) and we have been trying to find out how to put it under our name. He is unable to be located and we have no contact for him whatsoever. We are trying to legally put it under our name and would like to know is there another way to go about this. We have been occupying the house now for more than 13 years but we have never changed it over to our name and now that we are trying we don't know how. Does someone know what to do?

My response:

First, it doesn't matter that you may have been paying the mortgage for all these years. Under the law, you are merely your Uncle's renter, because he is the one who owns the property with his name on the Deed. You have no ownership interest in the house - - unless you and your Uncle had a "Contract for Deed" agreement prior to his disappearance - - and unless you had such a contract, your payments to the mortgage company have merely been "rent" payments.

Now, let's assume that Uncle is dead. The house that you live in is part of his Estate. The house may, in fact, belong to his closest next of kin - - whomever that might be - - and you may never be able to have that house placed into your name.

If any of your family is interested, and since no one can find your Uncle, your Uncle's next of kin may file a Petition in court to have your Uncle declared dead. Once the Declaration of death is ordered, then the house passes to your Uncle's Estate, and presuming there is no last Will, the house will be divided among his surviving heirs; e.g., wife, children, etc., pursuant to your State intestacy laws.

So, since I don't know who his living next of kin are, I cannot say that you will be the person who may be awarded the house pursuant to State law.

See a Probate attorney for further, and specific, advice.

Thanks for writing.

IAAL

Pennsylvania

Thank you for the information. I appreciate it. However, my father said he has a letter signed by his brother from sometime in the 1980's where my uncle gave his consent for us to be able to place the house under my father's name. Is that useful in any way?

[I AM ALWAYS LIABLE]

Originally posted by evelynp
Pennsylvania

Thank you for the information. I appreciate it. However, my father said he has a letter signed by his brother from sometime in the 1980's where my uncle gave his consent for us to be able to place the house under my father's name. Is that useful in any way?

My response:

That's called a Power of Attorney (POA).

A POA is only good while the person is alive. If your Uncle is dead, then the POA is no good. Your father should have acted upon the POA as soon as it was signed. If your father acts upon the POA now, and it is later found out that your Uncle died prior to your father transferring ownership to himself, then the transfer would be invalid and reversible.

IAAL

Thank you. My uncle is alive it's just that he chooses to stay distant and hasn't left any contacts or ties to him. All i know is that he lives somewhere in Oklahoma. Would the letter be good then? Or would it have to be updated?

[I AM ALWAYS LIABLE]

Originally posted by evelynp
Thank you. My uncle is alive it's just that he chooses to stay distant and hasn't left any contacts or ties to him. All i know is that he lives somewhere in Oklahoma. Would the letter be good then? Or would it have to be updated?

My response:

Then, what you're telling me, is that someone in your family knows he's alive and has had "recent contact" with him. Because from the way you've stated things in your posts, you, personally, do not know if he's dead or alive.

Now, assuming he's still with the living, and depending upon the validity of the POA (was it Notarized?), your father could still act on the POA.

But, somebody had better confirm whether or not he's still alive before any actions are taken. Theoretically, he could have died yesterday, for all anybody knows.

IAAL

sorry for the confusion. what i mean to say is that my father told me recently of some recent contact from my uncle to his mother. But i dont think they know where he is at they only know that he is in Oklahoma. He doesnt leave any contact info whatsoever. This is why i assume he is alive. As far as the POA is concerned i believe it is notarized but if its not does that affect much?

[I AM ALWAYS LIABLE]

Originally posted by evelynp
sorry for the confusion. what i mean to say is that my father told me recently of some recent contact from my uncle to his mother. But i dont think they know where he is at they only know that he is in Oklahoma. He doesnt leave any contact info whatsoever. This is why i assume he is alive. As far as the POA is concerned i believe it is notarized but if its not does that affect much?

My response:

See a Probate attorney for further, and specific, advice.

Thanks for writing.

IAAL