Legal Question in Real Estate Law in New York

I have my father's Will he owns 1/2 a house with his sister. the deed is 1/2 in his name. My aunt whom 6 months ago had a massive stoke unable to speak and eat(she on a feeling tube), (my cousins, her son, cant find her Will) she is in a nursing home (About 7 months)with not enough insurance. Medicaid is expressing interestin her assets (she has kids, one living in the house acting as a custodian) My father's Will states "i give,devise and bequeath a life estate in my interest in this property to my sister". he did not want me to sell as long as she (my aunt) live there (he told me this just before he died 20 years ago yesterday 2/16/1991) (next paragrath) "upon her death or her sale of the premises, i give, devise and bequeath my interest in the premises to my 3 children to shsre and share alike" 1) can i get the deed out of my father's name (his interest) into my name and 2 sisters names and 2)can we sell the house now. - New York resident and property is also in ny. thank you,


Asked on 2/17/12, 4:23 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

What you own is called a remainder interest. Your aunt owns a life estate in your half interest for as long as she is alive. Upon her death, you will own your father's undivided half interest in the house, and , your cousins will inherit the other half. You can have the deed changed if you wish to reflect your one-half interest. It would probably be better to wait.

The nursing home, in looking for her assets is entitled to her life estate in one-half and full ownership in the other half but are unlikely to be able to do anything since half ownership reverts to you and your sisters at the time of your aunt's eventual death. They may try to bluster you into signing paperwork. Get an attorney to represent you before signing anything.

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Answered on 2/17/12, 7:37 pm


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