Legal Question in Real Estate Law in New York

My father passed away in 2009. He left behind a 2-family house, which we discovered, was already in my mother's name. He had applied for a mortgage, which he did not get, and somehow convinced my mother to sign for it. So in the end, there is a $165,000 mortgage on this house. and it is in her name.
His son, from his first marriage, which is not related to my mother, at all, lives on the first floor. he is 48, and has a 14 year old daughter. the 14 year old's mother comes and goes, but also lives there. No one knows what she does for a living. She just "goes away" for a few weeks.
My mother is left paying ALL the bills, in this 2-family house. The 48 year old step-son will NOT get a job!
My mother suffers mental illness, so it kills me inside, to watch her continue to pay all the bills. (even though she can afford it, it's just not right).
with this in mind, our lawyer has put her Estate into a trust. I am the grantee.
I am interested in selling this house, and putting my mom into something more suitable for her. She is too old to be paying bills, which she doesn't understand. The step-son has had too long of a "free ride".
and besides, one day, my mom might end up in a nursing home or assisted living, because she shouldn't really live on her own.
am i allowed to do the selling, or does she have to instead? keep in mind, i just received the real estate tax bill, and it has my name on it, as "trustee".

Asked on 7/24/11, 6:30 pm

Michael Markowitz Michael A. Markowitz, PC

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0 attorneys agreed

Assuming that the house is now in a trust, and assuming that the trust grants you the power, as the trustee you would be allowed to sell the house.

Mike.

Answered on 7/25/11, 2:06 pm

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