Legal Question in Wills and Trusts in New York
inheritance, does the deed supersede the will or?
my grand mother has a paid for home she lives in ,if she should go into a nursing home ,and the names on the deed were placed there which is my mom divorced and her married brother who have passed on since the deed was signed more than 5 years ago , and there is a will states that the house shall be split from other than anyones name on the deed who would the house go to next of kin which is my sister in law or her children or me the only child of my deceased mother ?
1 Answer from Attorneys
Before Grandma goes to the nursing home, consult an elder care lawyer. I assume she will need Medicare Assistance. The home is an asset that might render her ineligible until the equity is all used up. HOWEVER, the transfer of a home that the elder lived in for a qualifying period (ask an elder care lawyer about the period required) to certain family members can be an exemot transfer. In other words, Grandma transfers the title to the house to family members. Those family members can let Grandma live in the house until she has to transfer to a skilled nursing facility.
A will operates only at the time of death. so the testator (will-maker) can transfer the property that is transferred under the will. In other words, a will can always be revoked, and the sale of a property that is specifically bequeathed counts as a partial revocation. Of course, the people who thought they were getting the house will be disappointed.
I have elder care lawyers in my office. You could contact me to set an appointment.
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