Wilfredo Rivera and Isabel Rivera were married in 1980. Throughout the marriage, the couple operated approximately 23 rental properties, with Wilfredo performing maintenance and Isabel handling the bookkeeping. Only Isabel was listed as an owner on the deeds.
In April 2014, Isabel transferred the properties into the name of her daughter. Isabel died without a will in May 2014. As the surviving spouse, Wilfredo would be entitled to a portion of his wife’s estate’s assets, but that did not include the rental properties because they had already been transferred to the wife’s daughter prior to her death.
Wilfredo argued that he was entitled to an equitable interest in the 23 properties since he had worked on them throughout the marriage and believed that he had owned them, notwithstanding the language on the deeds. The Pennsylvania Court rejected Wilfredo’s argument and held that the Deeds were controlling. The Deeds were titled only in the daughter’s name. The Court further held that Wilfredo’s marriage to Isabel did not give him any additional interest, such as a “tenancy by the entireties”, because the properties were titled in only the name of his wife during marriage. Therefore, Wilfred was not entitled to any share of the properties.
This case underscores the importance of proper estate planning so that you can be sure that your assets are administered in the manner that you want.
The attorneys of Supinka & Supinka, PC, are experienced in real estate transactions, estate planning and estate administration. For more information and a consultation, please call Supinka & Supinka, PC at (724) 349-6768.
