Legal Question in Real Estate Law in New York

In the 80's my mother put her house in Queens, NY, into mine and my sister's name. She however, maintained a life estate until her death. She later moved into an assisted living place and rented the house. She collected the rent in her name. Two months ago she fell and ended up in a Nursing home. The state of NY is now taking all the rent, her savings and bonds she had in her name and mine and/or my sisters name. Is this legal and where does it leave me in this situation? I live and have lived in FL for 22 years and only know what I am told. I am told by my mom (my sister does not speak to me) that I now have to pay my sister half of what she pays to maintain the house. I do not think I should pay anything since I have never been kept informed except now that she wants me to pay. Where do I stand in all this?


Asked on 11/20/10, 6:37 am

1 Answer from Attorneys
kevin connolly Anderson Kill & Olick, P.C.

You and your sister become the owners of the house when your mother passes away, and the SS lien will not attach to your or your sister's title. I assume the savings bonds were jointly titled in mother's name and yours or your sister's: the State has a valid clamp on the bonds. If you do not pay your half of the maintenance, then your sister will have a claim against your mother's estate: the life tenant is obligated to maintain the property. Unfortunately, the claim is worthless unless your mother has life insurance that is payable to the estate.

It's a mess. You can repudiate the remainder and walk away. Otherwise, I suggest you consult with a trusts and estate lawyer in New York (most of whom will meet with you without running the meter). Feel free to contact me for a referral.

Read more
Answered on 1/01/11, 9:31 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York