Legal Question in Wills and Trusts in New York
My boyfriends house is in trust for him and his sister. We have been together five years, and have been living in the house for two. He is not in good health. My question is: if he dies, since I am the sole beneficiary of all of his assets and finances, would his half of the house go to me?
1 Answer from Attorneys
It depends upon the terms of the trust, which I have not read. If the trust states that beneficial ownership follows his Will, you might inherit his share. On the other hand, if it says it only goes to his children and if there be none to his sister, you might not get anything. Of course, if you were married and it was the marital residence, you might be able to continue to live there. Then there are quetions of who pays the bills, like taxes, fire insurance, repairs and maintenance. These answers may also come into play also. There is no simple answer.
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