Legal Question in Wills and Trusts in New York

life estate

My father-in law died and in his will left everything to his 3rd wife. The house and bank accts were all joint. She in turn has a life estate drawn up naming my husband as the remainderman. Since then she is no longer speaking to us and has two of her family members living with her. Can be dissolve the life estate claiming it was done under duress. She did this 2 days afer the funeral and can she take a mortgage out on the house and would my husband be responsible for it? Also can she have the life estate changed without my husbands knowledge. His name is on the deed


Asked on 6/26/08, 10:16 am

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: life estate

No change in title can be made to the property without the written consent of your husband on a new deed. It is unlikely that anyone would make a loan, secured by a mortgage on the real estate, without the consent of your husband. If such a loan was made, it would be secured only by the life estate, which would be extinguished on her death, and your husband would not bear any cost. She can always claim that when she signed the deed which created the life estate that she was, by virtue of temporary incapacity or duress, doing something that she did not intend to do. This would require a court proceeding and your husband would receive notice.

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Answered on 6/26/08, 11:01 am


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