Legal Question in Real Estate Law in New York

Re: Living Trust

It depends on what you mean by "signed over." If your grandmother gave your mother complete ownership of the house, then yes, your mother can sell it.

If, however, your grandmother put the house in a trust with your mother as a beneficiary, then no, your mother cannot sell the house. Only the trustee of the trust would be able to sell the house.

If you would like to discuss this further, please call my office at 845-362-0387.

Re: Living Trust

If the signing over was simply a deed without

restrictions, then your mother may deal

with the property without restriction or

need for accounting. This would include

medicaid applications, because the transfer

is longer than 3 years old

If a life estate was kept in the deed, the

sale of the property only occurs with the

consent of the life use individual, regardless

of whether they are exercising such right

If there is a formal trust document in

connection with the transfer, then the

provisions of the trust document would

control, which could be very different

from the general rules.

Have an attorney review the documents