Legal Question in Wills and Trusts in New York

Estate Will Involving My Mothers 2nd Marriage

My mom is married for the 2nd time. (married almost 2 years). Her husbands will states that if he passes away he leaves the house to his four children, not my mom. However, she can live there as long as she wants. But to protect the children, he said he lawyer said that NYS law indicates that he must include this term ''you must live in the house a minimum of 6 months out of each year''. Is this true? Is this a law? I think he is saying this so that my mother cannot move out of the house, not tell his children, and hold up the sale of the house in which they would get the proceeds. I appreciate your assistance in advance.


Asked on 10/12/01, 2:37 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Estate Will Involving My Mothers 2nd Marriage

The will can establish any conditions that the testator wants to put in it. Apparently, he intends to establish a life estate but subject to termination if Mom fails to live there six months in any year. That's permissable.

However, Mom has the statutory right of election to take one third of the estate regardless of the Will.

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Answered on 11/22/01, 10:59 am


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