Legal Question in Wills and Trusts in New York
What happens when the life user dies. The home was left to the son with mother as life user. Do other siblings have any interest in the home?
Asked on 7/20/16, 6:52 am
2 Answers from Attorneys
Arnold Nager
Arnold H. Nager, Esquire
After the death of the life tenant, the property reverts to the remainderman, in this case, the son. It is not part of the estate for purposes of distribution to the heirs.
Answered on 7/20/16, 7:03 am
Walter LeVine
Walter D. LeVine, Esq.
I agree with Arnold. If the Deed was to the son with the mother having only a life estate, upon her death the property goes only to the son. The other siblings have no interest, as the house ownership passes pursuant to the Deed, not the mother's Will.
Answered on 7/20/16, 8:27 am
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