Legal Question in Wills and Trusts in New York
Using A Revocable Trust
Mr. Smith is married but separated from his wife. Mr. Smith is living with Mary his domestic partner in a coop he purchased with own funds. Mary is not on the deed. When Mr. Smith dies, he would like the coop apartment to go to Mary. When Mary dies he would like the coop apartment to go to one of his sons. What is the best method his wishes.
Asked on 12/01/99, 3:44 pm
1 Answer from Attorneys
Daniel Clement
Law Offices of Daniel Clement
Re: Using A Revocable Trust
You can make provision in your will for Mary to have a right of occupancy in the coop. Remember,because you are still married, your wife still has a right of election against your estate. You may want to finalize the divorce.
Daniel Clement
Answered on 12/02/99, 4:16 pm