Legal Question in Wills and Trusts in New York
Mu mother passed away leaving a home and small assets. She left no will, and with 4 children one disabled from birth. My question is since none of the children are contesting the fact that the disabled brother should keep the home and asstes, how do we transfer the home and assets to him?
2 Answers from Attorneys
It may be done by deed from the estate to the child.
One thing not mentioned in your question, how is the child disabled - physical or mental? If there is a mental disability you should consider having a guardian appointed for the child. Furthermore, you should consider the child's future medical bills and fees before transferring the entire home and assets to him.
Mike.
Aside what Mike says, perhaps it might be simpler to transfer these assets to a "specialo needs" trust for him, which might not have any impact on what he might be getting from public assistance. An attorney familiar with these matters should be consulted before you do anything. Plus, this will assure that any remaining equity stays in the family upon the demise of the brother.
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