Legal Question in Wills and Trusts in New York

My brother rents upstairs from my parents house. My father passed away 3 years ago. Now my brother who still lives upstairs from my mom is having his son pay and starting to fix up the house and I am not sure what to do.

Should my brother buy the home from my mom?

The will my father wrote said to divide the estate fairly between me and my brother.

My mom is 89 and is the owner of the home

I did not get any money from my dad's death.

My brother is helping to pay more towards my moms mortgage now.

How does one handle this situation?

Do we sell the home ?

My mom can always come live with me since I own a home

It's a very touchy situation.

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Asked on 6/19/16, 8:56 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

1. She can convey the house now keeping a life estate to live there.

2. If she is current owner, her will should convey her house to her heirs as she choses. Anyone paying expenses may have an equitable lien for reimbursement.

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Answered on 6/20/16, 4:40 am


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