Legal Question in Real Estate Law in New York

Re: Can will be changed after home has been given to survivors?

Yes, they can change their will before death, either by a new will or a codicil.

Re: Can will be changed after home has been given to survivors?

You stated that 5 yrs ago your parents signed over the house to their 6 children and retained a life estate for themselves. If this is correct, then they no longer "own" the home but only have an interest in it (life estate). A new deed has already been filed.

In order to change anything, you would need the approval of the 6 children who "own" the home. One can always change a will, but in this case they have given up ownership of the house.

Re: Can will be changed after home has been given to survivors?

I concur with Debra that once the title to the house was changed, the ownership became that of all siblings, of which you are just one. Unless all children wish to change how the current Deed reads, no corrections can be made to it. The Will can be changed by a Codicil, but any changes will not have an effect, other than morally, on the Deed owners, as title has already been shifted. You do not say who will be responsible for the costs of operating the house after your parents pass away. After they die, the ownership of the house will be like a business partnership. The partners (your siblings) could allow you to stay there, paying rent to them (and yourself since you are a 1/6 owner). The rent could cover all of the costs of operating and maintaining the house (taxes, homeowners insurance, repairs, maintenance, etc,). You would also be responsible for utilities like water, heat, electric. Questions like, who is responsible for a major repair such as new roof or heating system should be agreed to and put in writing. Unless you work out some deal with your siblings, they could force the house to be sold or for you to buy it from them. I do not want to sound harsh, but you are over 30 years old. You do not say if you are paying your parents anything to stay with them. If they are paying for everything, there seems to be no reason why your siblings should continue this after your parents pass away. You do not say if your parents have other assets, their values and how those values compare to the value of the house. Maybe you could work a deal between your parents and siblings to let your parents give everything else to your siblings and have them agree to sign the house over to you. I suggest a family meeting, before your parents pass away, to work this out. Once you and your siblings reach an agreement, have an attorney put it all in writing and change any documents that might need to be changed to carry out the agreement reached.