Legal Question in Wills and Trusts in New York
My mother has lifetime use of her house although she has not lived in it for almost two years. I am on the deed and my son and his family live there now. Can she throw them out and take back the property even though we have done all this through a lawyer and we have paid for the half of the house that would have been my sisters inheiratence?
2 Answers from Attorneys
If your mother has a life estate in the property then Yes, she can retake the property at any time either for her own use or even to rent it to someone else.
My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.
I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.
If your mother has a life estate in the property, she may take the property back. However, more facts are needed to determine what she may legally do.
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