Legal Question in Wills and Trusts in New York

my dad's will

I am durable power of attorney for my dad and his house is in my name by way of a life estate. In his will he has my sister and my brother as being entitled to equal shares of his estate. I have lived in the house for 2 and a half years and have done major repairs and improvements. I have paid the property taxes and also have an 18 month old daughter living there. the house was put in my name before the will was made and I have been the one caring for my dad for over 5 years. Upon his death will I have to sell the house and divide the money between siblings?


Asked on 7/25/07, 4:17 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: my dad's will

I agree with Debra if, as you stated, the Deed is in your name alone, but only subject to a life estate in Dad. The Will only operates on individually owned assets in the decedent's name, not on assets registered jointly (unless they were intended to be accomodation accounts - Dad put your name on an account with him only so you could access it to assist him). those payable to a designated person (like life insurance or POD accounts), or anything gifted to someone previously (this has a few exceptions depending when the gift was made).

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Answered on 7/31/07, 3:51 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: my dad's will

If the house is in your name then it will not be considered part of the estate upon your Father's passing.

You already own it with your Father retaining a Life Estate interest. That Life Estate (and your durable POA)terminates upon his death.

Your Father's estate will consist of those assets NOT in joint title with another. Such as a bank account, car, stocks, etc.

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Answered on 7/25/07, 10:41 pm


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