Legal Question in Wills and Trusts in New York

Re: husband willing house to son - wife still alive

YOU DO NOT PROVIDE COMPLETE INFORMATION. WHAT OTHER ASSETS DOES DAD HAVE, AND WHAT IS HAPPENING WITH THEM? ARE THEY GOING TO MOM? WHY IS THE HOUSE GOING TO YOUR BROTHER? ARE THERE ANY CONDITIONS TO HIS GETTING THE HOUSE (LIKE MOM GETS TO LIVE THERE THE REST OF HER LIFE)? WHAT ARE YOU GETTING, IF ANYTHING? IF MOM IS NOT PROTECTED, SHE COULD BE OUSTED FROM THE HOUSE, SO IF SHE IS NOT ON THE DEED (THIS COULD BE CHECKED BY GOING TO THE COUNTY CLERK'S OFFICE WHERE THE PROPERTY IS LOCATED AND CHECKING HOW THE DEED IS REGISTERED) THE WILL SHOULD PROVIDE FOR HER TO HAVE A LIFE ESTATE IN THE HOUSE (ALLOWS HER TO LIVE THERE UNTIL SHE LEAVES OR DIES). DEPENDING UPON THE OTHER ANSWERS TO MY QUESTIONS, IT SOUNDS LIKE SOMETHING IS WRONG AND A WILL CONTEST COULD ENSUE ON DAD'S DEATH. MOM SHOULD CONSULT AN ATTORNEY TO SEE SHE IS PROTECTED AND DAD'S MENTAL HEALTH MAY BE AT ISSUE, IF HE FAILS TO DO SO.

Re: husband willing house to son - wife still alive

Under NY law a surviving spouse can file an election to receive what is known as an intestate share of the spouse's estate. If there is one child, that share is $50,000 plus one-half of the estate. If there are two or more children, the inteatate share becomes $50,000 plus one-third of the estate.

Be aware that the estate is made up of property not jointly owned with another person.

Therefore life insurance with another as the beneficiary and property held in trust for others does not become part of the estate.

Neither does any property given away prior to death.

Mom may wish to consult an attorney before Dad passes.