Legal Question in Intellectual Property in New York

Re: trusts and wills

Sorry, but your question is posted in an inappropriate category. INTELLECTUAL property, the category in which you have posted, has to do with patents, trademarks, copyrights, trade secrets, trade dress and the licensing and franchising of these properties of the mind. Thus, you're asking your question of the wrong people; we don't handle matters like yours.

Please accept my condolences on the death of your mother and re-post your question under an appropriate category -- something like Wills & Estates or Real Property.

Re: trusts and wills

While my peer is correct, this arena is for Trademarks, Copyrights and other such intellectual property, but I believe I can assist you in your quest for an answer.

First the will is a testamentary object, which means its instructions do not take come into play until the testator dies. Simply put, anything in there can change up and until death. Including the transfer of property, which in most cases negates the instructions in the will.

Second, A Deed, is a present day document. What I mean about that is that a person that properly executes and delivers a deed to another person with the intent to transfer the property to that person is doing so NOW, not later, not in the event of something else happening, but NOW. So, If I signed over my house to you, properly, and handed, mailed, or placed in a space with the intent of giving the document to you, then you own my house.

In this instance, and from what you described, the house was given to the member of the family that received the deed. BUT, and this is dependent on a lot of things, if the deed was given with the intent of your mother to take effect at a later date, then it may not be valid, if the deed was given to the other member with the intent of holding the property in trust for the other family members, then the person with the deed does not own the property but is a trustee. But, if the deed was a proper transfer and your mother gave the house to the other member they own it, its theirs and the bequest relating to it in the will is void.

The bottom line in your situation is that you have to prove issues of fact and establish that the deed either was not given properly and is therefore not an effective transfer, and or that the property was given but to hold in trust.

In either case, you are going to have to secure the services of a lawyer if you are not able to work this out amongst yourselves as it wont just go away.

If I can be of further assistance, please contact me via email to discuss this in greater detail.

Good Luck,