Legal Question in Elder Law in New York

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,

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.