Legal Question in Wills and Trusts in New York
In 2009 my late husband and I put our home in our three children’s name. The reason was we wanted them to get house if ever we may have had to go into a nursing home. I am a widow now and would like to sell the house. Can I?
2 Answers from Attorneys
If the Deed is only in the children’s names and did not preserve any rights to you the answer is no.
The children can sell and either replace it (continuing to own the replacement) or use the sales proceeds to rent a replacement.
It's hard to answer your question without seeing the deed. The reason is that people mean different things when they say "put our home in our three children's names." Regardless, the answer is that you cannot sell the house without getting your three children involved in the transaction. You gave the house to them, so it's not yours anymore and you can't sell what you don't own.
Good luck.
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