Legal Question in Wills and Trusts in New York

Living Trust Deeds

My Aunt deeded her home to her other neice she stipulated in the deed that my Aunt would have living use of the home. The neice has now died. Does the home go back to my Aunt or does it belong to the Neice's estate?


Asked on 10/05/06, 2:14 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Living Trust Deeds

It depends on the natrue of the deed transferred.

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Answered on 10/06/06, 7:39 am
Arnold Nager Arnold H. Nager, Esquire

Re: Living Trust Deeds

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Assuming that your Aunt reserved a life estate for herself and deeded a remainder interest to her Niece, the remainder becomes part of the Niece's estate upon your Aunt's death. For her lifetime, the house is still your Aunts.

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Answered on 10/05/06, 3:38 pm


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