Legal Question in Wills and Trusts in New York

My Dad transferred his home to me in Aug 2006 so that he could qualify for NYS Medcaid when he entered a Nursing Home.(I was his primary caregiver for many years and lived with him, assisting him in his bills, care, etc) We consulted an Atty who did this, whereby my Dad retained "life estate" in the property. He passed away last August. It is my understanding that upon his death, the "life estate" is terminated & 100% ownership goes to me. My siblings are now demanding that "Dads House" be sold !! (In his original will (circa 1987 or so), he was leaving the home to all 4 of us. It is my beleif that the Deed supercedes the will. Is this true, and is there anything they can do to remove me from my home?

Asked on 7/21/10, 8:50 am

Yana Feldman Melnik Law Group

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You are correct.

Dad's life estate terminated upon his death. The house is now 100% yours.

Your siblings do not have any ownership interest in the home, as it is not part of his estate.

Answered on 7/21/10, 12:00 pm

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