Legal Question in Wills and Trusts in New York

I have a third ownership in my grandparents house (my father is deceased), my uncle and his son (10yrs) lives there, my cousin (My aunts son) also lives there with his wife and 2 children. They want me to sign an legal Document stating that my uncle can live there as long as he wants and he is responsible for taxes and ins and up keep, my cousin and family live there and I was told that has nothing to do with me that he is now paying all the bills. I just wont have to pay any taxes and that my uncle has the homeowner insurance since he lives there. please advise. I don't see where my interest is protected


Asked on 5/26/15, 5:03 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Your grandparents estate must go to probate to determine your share and have title placed in your name. If you give him a life estate to live their you will have a hard time ever selling. Are they paying rent?

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Answered on 5/26/15, 5:50 pm
Walter LeVine Walter D. LeVine, Esq.

While you are a third owner, it appears that either the other 2 owners or their family members currently reside there. They may be paying all the current bills, such as taxes, insurance, utilities and repairs, but do these equate to a fair market rental. As a 1/3 owner you might be entitled to a small payment as rent. There should be a Deed naming the 3 owners and some written agreement as to the rights and responsibilities of each. Then you would be protected.

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Answered on 5/27/15, 7:21 am


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