Legal Question in Health Care Law in New York

Legal Document

My great uncle signed his house over to my dad 10 years ago. There is a stipulation in the paperwork that states, he is allowed to live in the house rent free for the rest of his life. My uncle is 98 years old and was unable to care for himself, therefore, my father used up all his assets to put him in a nursing home. The lawyer is saying if my father sells my uncles house he has to pay half of that money to the nurshing home because of that stipulation. Is that correct? Even if my father paid $10,000 a month until all his assets ran out?


Asked on 2/08/09, 2:22 pm

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Legal Document

This is an interesting situation, as you uncle is 98 years old.

What was done 10 years ago was that your uncle deeded the property with a life-estate clause, meaning that he has the right to live in the house for the rest of his life.

You would have to see the deed itself, and find out how it is written. You would need to look at his expenses, and his health to determine how long he can be expected to live.

So you see, it is not an easy question to answer.

If you would like to discuss this matter further, please feel free to contact me.

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Answered on 2/11/09, 11:10 am


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