Legal Question in Real Estate Law in New York

Leaving property - specifing it not be sold

Hello -

I have a grandmother who is writing her will and she needs advice about what to with her property worth maybe 400-500K - she has 7 children - she wants to leave it to one of the children - however she's concerned that whomever she leaves it to, will sell it - she wants it to stay in the family and be appreciated as the family house where so many memories and lives began - all of her children have their own homes and many live far away, so it is likely that they would sell it.

Is there anyway, maybe involving a trust of some sort that gave the house to someone with the provision they not sell it.

Otherwise - her grandchildren, without homes could they be made administers of the property or given a share along with an actual child - so that if the child was to sell the house, the grandchild would have first right to buy the childs share.

Does that make sense? I am a grandchild in the situation and would be interested in keeping the house in the family, couldn't buy the home for the fmv. Is there any general advice for these types of cases?

Appreciate any help,

M


Asked on 12/07/03, 5:15 pm

3 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Leaving property - specifing it not be sold

Create a life estate in a person. That permits the property to remain with THAT person for his/her life and then whatever else the disposition states.

Good Luck

RRG

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Answered on 12/07/03, 5:53 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Leaving property - specifing it not be sold

Your grandmother could deed the house to one of her children for a "life estate" and upon the death of the life tenant to a remainderman. This must be a named person or entity. It might be a Trust or one or more of her grandchildren.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

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Answered on 12/07/03, 7:55 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Leaving property - specifing it not be sold

Maybe the way to do it is by a trust for the grandchildren, reserving life estates to the children (making a sale difficult since all life estates would have to be bought out to effect a sale). This plus rights of first refusal. Putting it in an irrevocable trust, with annual gifting to the children and grandchildren of partial interests would avoid possible gift taxes. You do not say what the gransmother's total estate, including the house, may be in the aggregate. There are many ways to accomplish this, and more facts may be needed to properly advise you further.

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Answered on 12/07/03, 10:57 pm


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