Legal Question in Wills and Trusts in New York
Uncle wants to give me his home for his care
My uncle wants to give me his home and all the contents in his home to care for him until his death. Does he have to change his will to make sure that the house and its contents will be mine, or does he just have to sign over his deed/title over to me with a statement in it that he has life lease in it? He has two stepchildren and one grandson that agrees to this because they dont want to take care of him and doesnt need the house. Should I have all of them sign a statement agreeing to this? My uncle's lawyer will be doing all the necessary paperwork for this.
2 Answers from Attorneys
Re: Uncle wants to give me his home for his care
A deed reserving the life estate and specifying the terms (who has what responsibilities - taxes, insurance, repairs, maintenance, utilities, etc.) should be all that is necessary. I suggest that his heirs be advised and sign a notarized statement that they recognize this and agree to the transfer, to protect you from claims later. I also suggest, if your uncle is elderly, that he be examined by his doctor before signing the Deed, so there could be no claim that he incapacitated when he made the transfer. This is just a precaution.
Walter
Re: Uncle wants to give me his home for his care
I am confident your uncle's attorney knows how to proceed. Your uncle can give you every thing now, over time until his death, or after his death. Each option has different risks and tax consequences to you and your uncle.
If your uncle's is unable to deal with these issues, I suggest you consult with another attorney.
Daniel Clement
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