Legal Question in Wills and Trusts in New York
Lifetime estate
Our father died in February, 1995. Before he died, he had revised his original will 5 times in the last 2 months of his life while he was on morphine. Our father had remarried in 1986 after our mother's death in 1985, and left his current wife a lifetime estate in our parents home.
What are our current obligations under the law?
What can we do legally to take ownership of our parents home and closure to this estate?
What are our legal rights?
We currently don't have a key to the house, and feel that this situation is out of control and beyond reason.
Initially, we decided not to fight this in court because it would soil our father's memory. We also had hoped that his wife would get her own life together and move on. This hasn't happened, and we are in a situation that was never what our father would have wanted. We believe that in his weakened condition, he didn't realize the ramifications of his decision.
How can we gain control of our parents property and bring closure to this nightmare?
Thanks for your advise and assistance.
3 Answers from Attorneys
Re: Lifetime estate
From what you have said in your posting, it sounds like you may have case of "undue influence." Unfortunately, these cases are often difficult to prove. You should find an attorney who has handled this type of case in the past, and sue the estate.
It is especially important to get an experienced attorney in a diffcult case such as this one. Even an experienced attorney may not be able to get you all the relief you want, but has a good shot. Don't be afraid to ask the attorney how many cases like this he/she has handled, and for references from satisfied clients. Also ask if he/she has had any published decisions in cases like this. Although it is not necessary to have published decisions to be a qualified attorney, if the attorney has had a decision published, he/she likely will be more than happy to let you know about it and provide you a copy. Don't necessarily retain the first attorney you speak with either. Speak with a few, and retain the one you feel most confident in.
I wish you good luck in this matter.
Re: Lifetime estate
The time has probably passed to challenge
the Will and the creation of the life estate
However, as remainderpersons, you have
rights regarding the preservation of
principal. These can currently be enforced
Please feel free to contact me at
1-716-235-2560 or
Fax 1-716-235-2607 0r
email [email protected]
to further discuss and arrange for retainer
and court commencment
Re: Lifetime estate
I assume that the Will has been probated and that you have not subsequently acquired any new information that would enable you to challenge the Will.
If the surviving spouse has a valid life estate in the residence there is very little you can do to get possession during her lifetime.
Sometimes the provisions creating the life estate require the life tentant to maintain the property. If that is the case and she fails to do so then there is a basis to bring action against her which may result in her voluntary removal.
You, of course, can buy the life estate from the surviving spouse.
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