Legal Question in Wills and Trusts in New York

No morgage on home, left to brother in mother's will with the congingency that his two sisters will share value of home. one sister will stay in house, does she need a bank loan or morgage to pay other sister's amount of home?


Asked on 2/15/20, 9:56 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

That's a Will Construction issue. I'd have to look at the whole Will to be certain. What does it mean "with the contingency that his two sisters will share in the value of the home?" Was the home left to the brother, or to the brother and his his two sisters equally? Poor wording, because it's not clear what the testator intended. "Contingency" if he sold the house? And that one sister will continue to live in the house? Who decided that? Poorly worded. In any event, the way to fix this is that for the four of you to sit around the table, or do a video conference call, and agree on how you want to handle this. So a lawyer isn't going to be able to give a 100% correct answer without examining the entire Will, in the first place. Secondly, based on what you've written, this is an example of where a lawyer who was hired as a moderator for the family would be very helpful.

Good luck.

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Answered on 2/15/20, 11:08 am


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