Legal Question in Wills and Trusts in New York

Need advice on property ownership

The house I reside in was originally owned by my great grandfather. he left the house to my grandmother via a will. My grandmother had the house redeeded to have both her name, and my mothers name on it. My greatgrandmother passed away, and my mother never went and got the house put soley into her name. The taxes come in both my greatgrandmothers name, and my mothers name, this is where it gets a lil more complicated. My mother passed away in 2004, she is married to my father who is still alive. He of course never went and got legal advice on if the house is legally his or not, and or got the house signed over to him. She passed away without a will of any type, so both me and my father are under the impression since they are married the house would go to him? My biggest fear is him having another stroke, and being put into a nursing home, and them then taking the house away from him, both I, and my brother still live here, so my questions are, is the house legally my fathers? can we go and get the house put into my fathers name, and if so how difficult would that be? what can we do to ensure if he goes into a nursing home that the house doesnt get taken by the nursing home, or whomever?


Asked on 7/23/07, 1:16 am

1 Answer from Attorneys
Michael Moberg Moberg & Associates

Re: Need advice on property ownership

If your mother died without a Will, the house is legally owned by your father and you and your brother (the percentages will be based on the fair market value of the home).

The house transfer is simple. We would change the title ownership from your deceased greatgrandmother and mother to you, your father and brother.

Since you stated that your father is ill and may require nursing home assistance, you may not want his name on the deed (for Medicaid purposes).

Please contact me at your earliest convenience for a complimentary consultation.

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Answered on 7/23/07, 12:15 pm


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