Legal Question in Wills and Trusts in New York

I am living with and caring for my elderly mother in what was her home. Appx. five years ago she changed the deed into my name with a life estate for her. I have a brother and a sister, one lives out of state and calls once in a while to ask how mom is and the other dosen't even do that much. When my mother is gone I plan to remain in the house for a while to care for her pets which I promised to do. Can my siblings insist that the house be sold and the proceeds be divided? My mother has resisted a will feeling it is not necessary as she has no financial assets. I have power of attorney but I recently noticed that while the forms were signed and noterized by her at the attorneys office my signature was not. Is this a problem?


Asked on 6/08/10, 4:59 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

If your name is on nthe Deed alone, your mother gave the house to you, alone, subject to her life estate. However, your siblings could sue you claiming this was done as a result of undue influence by you or possibly raise other issues (like accomodation registration), so be prepared. I have not seen the POA, so I cannot comment on your question. Usually, only the grantor's siugnature need be notarized, as your signature is usually only as to show people what your signature looks like.

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Answered on 6/08/10, 8:40 pm


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