Legal Question in Real Estate Law in New York

Life Use of Home

Elderly mother has life long use of home which has been in my name for 3 years. She refused to make needed repairs to the once beautiful home,portions of porch ceiling collasped,railings broke on steps,inside electrical plugs hanging,rotten wood siding,etc.I did have my lawyer look at the deed and his comment was that the deed was written up sloopy.There is an apt. included with this home, she keeps the rent collected.There is a gambling problem with her and my family feels this is where the rental money is going to. She is 78 yrs. old and her memory has been failing alot lately.

My question is how can I protect this home in my name, and do I have any say? It seems to me that I have no rights in this matter.Does the apt. and the rent also include her life use of the home? She also refuses to give me a key to this home stating this is her home not mind. I am planning with my children to move back to this home someday, but this house needs so much work.She is very hard to get alone with and becomes defensive when you ask her about her money and why doesnt she repair something.Any help will be appreciated.


Asked on 7/20/03, 5:43 pm

1 Answer from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Life Use of Home

You omitted the most important facts in determining your rights in the property: what exactly does the deed say and what were the circumstances or terms of agreement attendant to your acquisition of title? Does your mother have a lease? A life estate? Answers to these questions will make it fairly easy to assess your legal position. It's the family aspect that makes this a difficult - but common - problem. Feel free to call me at 212-367-9167 if you wish to discuss this. I do not charge a fee for the initial consultation.

Good luck.

Read more
Answered on 7/20/03, 7:13 pm


Related Questions & Answers

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