Legal Question in Real Estate Law in New York

If his mother does indeed will her share to the children, you will own the property with your children when she passes away. In the event that you cannot afford to keep the house and must sell, your children will be entitled to their share of the net sales proceeds. The executor may be entitled to commissions in the event they perform certain services on behalf of the estate. A full discussion of this issue is not feasible in this forum. If you should require the assistance of an attorney, please feel free to call me at (212) 786-7539. All the best.

Your mother-in-law has taken complete advantage of you. You have no recourse other than to pull the plug on being her caretaker and welcome mat. You would need to pay the mortgage and taxes in any event, whether you children do or do not end up holding her share in the property; I assume you would have refinanced the property had you received title to the whole building.

Don't assume you will receive anything from your mother-in-law's estate. You should also check the deed to see exactly how her interest is described. If she is a joint tenant then her interest will not pass under the will, but would go to you and your husband automatically,

As John said,you should meet with an attorney and do this right.