Legal Question in Wills and Trusts in New York

real estate tax problem

I own 2 apartments. One I own with husband, one I own with my mother. We have since combined the 2 apartments into 1 apartment. What potential probelm would I have if my mother or my husband pass away?


Asked on 5/22/08, 3:27 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: real estate tax problem

Presuming that you only did this physically, not by new Deed or anything in writing, I suggest a new Deed or other evidence of ownership (you do not say if this is a condo or a co-op situation or if your mother shares the new location) which spells out exactly what is to occur. There are other issues, as well, that might come into play in the future, including tax issues of there is a sale (what is the basis if a sale during lifetime or if the sale is by one or two survivors), the possibility of divorce, as well as a death. There may also be death tax issues as to valuation and percentage ownership. I suggest reviewing it with someone who has real estate knowledge, as well as income and death tax expertise, as many issues are involved.

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Answered on 5/22/08, 3:45 pm


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