Legal Question in Wills and Trusts in New York
Executrix of my dad estate
Dad made me executrix of his estate, I'm his biological
daughter. dad owns 2 family house. dad gave me 1/2 25% to
other daughter and 25% to his son. My problem is his will is written already. dad wants to give my 1/2 to his grandson because I owe an outstanding loan, can dad quick
deed the house to his 2 children and grandson.
Dad has a stepdaughter in his home, which the will states upon his death, she was to be evicted. she has no lease.
dad wants to quick deed a 1acrea of land to grandson,dad wants to give the land to his grandson, because Iowe out
too much money. How can dad change his will, that already is written. Instead, dad will give me a life estate in the
house. Now can I executrix of dad estate still throw his
stepdaughter out, as it said in the will.
How does dad change and quick deed the land to grandson
and quick deed the house to his biological children.
Dad wants to quick deed the house and land,incase he has to
go in a nursing home. I his biological daughter have my
dad will, but he wants to quick deed the house and land now
dad is 88 yrs old, how would dad go about quick deeding the
house now to 2 biological adult children, and 1 grandson.
My name must not be on the will, I owe too much money
3 Answers from Attorneys
Re: Executrix of my dad estate
Changing the will or the assets of the estate can be done so long as your father is alive. Your father has an absolute right to revoke any will that he has made and create a new one, or to simply modify his estate asset make up.
Please feel free to e-mail me with any follow up questions you may have.
Re: Executrix of my dad estate
Your father may change his will and/or deed his property to anyone he wishes. However, I would strongly recommend that he seeks the services of an attorney, because he may not achieve his objectives if things are not done properly. Attorney's fees for these changes should be relatively low.
If your father decides that he needs an attorney, please feel free to contact me.
Re: Executrix of my dad estate
The last line of your question seems to tell me a lot, "My name must not be on the will, I owe too much money".
I interpret this to mean that your father wants YOU to receive the benefits of his estate and NOT your creditors.
There are several ways to acconplish this goal. You can be given a 'life estate' (the right to use the house for the rest of your life) and the deed and title can be another person's name. The house could not be sold and you would have the right to live in it.
The will can be changed in many ways. In this case, he might change it by making a 'codecil' or amendment to the will. The 'codecil' could state, with 2 witnesses signing, that "because of your many debts, your part of the house should go directly to his grandson".
A new will with your part of the house going to the grandson and not to you is easy. It would take only 2 witnesses. By making only that change, you would save some money on a 100% new will that way. The old will would be replaced by the new.
If your father wants to deed away or transfer the property before he passes, then he can do that. The effect on the will would be that all references to the property would be of no effect, that would not have any legal consequence. A 'quitclaim deed' is a valid transfer of property.
Your status, rights, and duties would be unaffected by any of the discussed changes. You would still have the right and duty to evict your step-sister.
I would be happy to answer any more questions you might have in a consultation for no fee.
As an aside, the 'grandson' in referred to in the question may be your son. Is this accurate?
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