Legal Question in Elder Law in New York

Life Tenant

My parents deeded the house to me in 2003 thru an elder care lawyer with them as life tenants. they have been in a nursing home for 1 1/2 years, they are unable to pay any expenses on the property and i have been paying all the taxes, ins, fuel Etc. My wife and myself moved into the house 1 year ago to keep it up. we have spent over $10k of our own money maintaining the house. now my father is very disgruntled, angry and medicated and wants us out of the house. this has caused a great hardship financially and emotionally to us and we don't know what our options are. the lawyer that took $7500 to handle their estate planning will not advise us. HELP what do we do? there is no reasoning with my dad.


Asked on 10/02/07, 7:07 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Life Tenant

If your parents are not competent

and you have already set up a plan to take care of their needs (its sounds like it) and they kept a life tenancy , which they cannot afford, you need to petition the Court to appoint a guardian to determine if selling the house or something else will best serve their interests. If you wish to make an appointment please let me know.

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Answered on 10/03/07, 12:29 pm


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