Legal Question in Wills and Trusts in New York

Sale of house

I have Power of Attorney for my neighbor to whom I am not related. This neighbor willed her house to my wife and me even though she has relatives. I must now sell her house to pay for her residence at a long term nursing facility.

Her health is deteiorating and the house is in contract. If she passes before the sale of the house is completed, does this cancel the sale and require me to get the home placed in my wife's and my name to sell it? Does my Power of Attorney terminate with her death?

Also, if the house is sold and then my neighbor passes, do the proceeds of the sale of the house, less any liens, belong to my wife and me?


Asked on 7/05/07, 11:15 am

2 Answers from Attorneys
Michael Moberg Moberg & Associates

Re: Sale of house

I concur with Walter. We handle both elder law and real estate. You may contact us at anytime for a complimentary consultation.

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Answered on 7/06/07, 2:51 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Sale of house

The Power of Attorney terminates on death, and the contract cannot be completed, if she dies before the sale goes through, at least until the Will is probated and your ownership is finalized. You can anticipate a possible Will contest from the relatives, probably claiming undue influence. Better to get a Deed now, preserving a life estate to your neighbor, and something in writing, if she is still competent, that the proceeds of sale are to be used to private pay her nursing home costs, with the balance to go to you if she dies before the funds are used up. I suggest getting a good elder law, real estate attorney, to assist you.

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Answered on 7/05/07, 11:59 am


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