Legal Question in Wills and Trusts in New York

Can I lose my house?

My mother and I own a home inwhich I recently moved out. The deed states if one dies the other gets. My brothers have taken power of attorney. Can they take the house from me? what should I do to protect my rights?


Asked on 10/31/08, 9:55 am

2 Answers from Attorneys

Warren Markowitz Warren R. Markowitz, Esq

Re: Can I lose my house?

If you are on the deed, they can not remove you without your assistance as you would need to sign over your rights to the house. So in general they can not just take the house.

Assuming that you have the property in Joint Tenants With Rights of survivorship, then you will get the property after your mother dies in its entirety, including the debts that go along with it. If you have the property as Tenants in Common then you will get your 1/2 of the property and her will or the laws of intestacy will deal with the other, the issue of debt relating to the property is a little more complicated here.

As for the Power of Attorney, they would only be acting in her place and can only exercise the rights over property that your mother had at the time the POA was established or that they acquired thereafter.

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Answered on 10/31/08, 12:13 pm

Re: Can I lose my house?

U and yr mother have on on joint tenancy w right of survivorship in home and she will be unable to transfer her jt interest without yr consent. Yr brothers have power of atty where they can do any legal act for yr mom that yr mom could perform, but again she cannot transfer her jt interest withouy yr consent; i think u r safe in yr possession of the home

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Answered on 10/31/08, 7:31 pm


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