Legal Question in Elder Law in New York

Promised property in exchange for care

I took care of my mother for 9 years after she suffered a stroke and could barely walk. When she fell ill she told me if I took care of her she would leave her 50% interest in a property we jointly inherited to me because I was the only person willing to care for her. She also had very little money to live on. She lived in CA and didn't want to move to NY, so I made frequent trips to see her, paid for medical bills and nurses aides, improvements to the house, lost 2 jobs to care for her when she fell ill again, etc. She assured me the whole time that I'd be compensated by her share of the house. After 5 years she became totally bedridden, had the house legally vested in my name alone, and moved in with me.

2 years ago she moved to a nursing home. Up until a year ago she continually told me (and other relatives and friends) that she had rewarded my efforts by giving me her share of the house. Now, at 75 years old she denies ever agreeing to leave her share to me, and says she put it in my name so I could ''care'' for it. She now wants to give it to another relative with a criminal past. The psychiatrist at the home has declared her mind sound. What legal recourse, if any, do I have?


Asked on 5/24/06, 5:54 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Promised property in exchange for care

Your mother will likely have a "sympathy" factor, at play, if this matter is litgated. And, The myth of the "good mother" includes the myth that a Mother would not lie, about terms of an agreement with her child, is likly to "infect" any litgation or proceedings concerning this matter. So, the court and your Mother may very well expect you to relent and accomodate your "Mother" re anything she may want; notwithstanding what the "law" may otherwise dictate.

However, if the house is in your name, it belongs to you.

Also, If you agree or consent to re-convey the property back to your Mother or another, at her direction, based on your description, would appear to be entirely your decision and based only upon YOUR understanding, agreement, or COMMITEMENT to honor whatever "promise" you made to your mother, concerning this matter.

Thus, if the transfer of your mother's share of the property, to you was recorded and completed, her "change of mind," or her purported unrecorded conditions regarding the transfer to you, "after the fact," is unlikely to be considered as a valid basis for "cancelling 0r reverting" the transfer to you.

Good luck,

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Answered on 5/25/06, 1:51 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Promised property in exchange for care

Assuming the deed was properly prepared/recorded, the house belongs to you.

Your Mother's only legal claim to cancel the deed could be "undue influence" (you took advantage of her weakened state, etc.) or fraud (she didn't know she was signing the deed, etc.)

In NY, any "understanding" regarding the transfer of Real property MUST be in writing (statute of frauds) so her claim that she transferred to you w/ the intention to transfer back will not hold up in court.

As for undue influence/fraud, she has 6 yrs to bring the claim from date of transfer. If she should pass away during this period, her Executor/Administrator of her Estate can bring the claim.

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Answered on 5/25/06, 6:03 am


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