Legal Question in Wills and Trusts in New York
House Dispute
When my grandmother passed away in 1998, she left her house to me, surprising both me and my mother.
I never wanted much to do with the house as I had no plans of staying in NYC. I was 22 at the time and trying to get through school. My mother is a recovered gambler with $40,000 worth of debt and she has been trying to pressure me to relinquish control of the house so she can take out a mortgage.
I do not want to do this but I am unemployed at this time and she has maintained the bills thus far. I have to admit that I handled the whole thing quite foolishly- I even paid her rent!!!!
I don't want to give up the house- I feel my grandma left it to me because of my mom's gambling history. Grandma wanted to make sure I had a place to live. Yet I do not want things to get ugly with my mother. Most say she should either PAY ME rent or relocate.
As of now, the house still has my deceased grandmother's name on it. I suppose when we visit my mother's attorney next week, she'll try to get me to sign over all claim to the property. Should I retain my own lawyer? And if so, how I have little of value except the property.
Please lend some advice as to how I can take care of this sitution as cleanly as possible.
3 Answers from Attorneys
Re: House Dispute
your mother's attorney does not represent you. Retain your own attorney.
Let me know if I can be of help.
Daniel Clement
__________________________________
Law Offices of Daniel E. Clement
350 Fifth Avenue, Suite 3000
New York, New York 10118
Tel: (212) 279-6194 Fax: (212) 695-6007
E-mail: [email protected]
Website: www.clementlaw.com
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Re: House Dispute
If you want the house to live in or for its value, don't relinquish it, except to a buyer for full value.
No matter what you do with your mother, it is going to be ugly. Give her the house and you'll never forgive yourself for feeding the gambling craze. If you confront your mother and refuse her request she will hound you.
At age 25 it's tough to face these problems, but you got them, and you have solve them.
My advice, keep the house and be firm with your mother.
Re: House Dispute
You ADMIT your mother is a gambler and you are even *thinking* about transferring the house to her?
Your grandmother was very wise. Suggest you take her advice. Let your mother get a job and pay rent to you. Otherwise, you may wish to retain counsel to sell the house [after all, YOU are the owner], and use the proceeds to get yourself a good education and a career.
Hope this helps.
www.BravermanLawFirm.com
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