Legal Question in Wills and Trusts in New York
What will I inherit?
My mother's Will states that upon her death my brother would inherit her house. Her house remained vacant for 4 years while she was living with me so I could care for her when she was no longer able to live on her own due to Alzheimers disease. I have durable power of attorney. I sold my mother's house last year and placed my mother in an assisted living facility. The proceeds from the sale of her house are being used to pay for her care and living expenses. The Will also states that I would receive all my mother's personal effects: cash, jewelry, etc. and names me as beneficiary to her Life Insurance. The value of the house far exceeded whatever cash and personal property my mother has. My brother demanded the money received from the sale of the house stating he was entitled to it but I refused explaining that the money would be used for my mother's care. I did give him a $10,000 gift from the proceeds. Is he now entitled to half of what is left (if anything) of my mother's estate when she passes? He states that he is entitled to all of whatever is left since he was supposed to inherit the house. He says he will sue me for the amount the house sold for.
2 Answers from Attorneys
Re: What will I inherit?
Your brother certainly has no claim on the proceeds of the sale of the house while your mother is alive. A Will only comes into force when the signer of the Will dies.
If the Will gives the house to your brother and makes no mention of an alternate gift in the event the house is not owned at death, then your brother receives nothing.
From the facts given you stand to inherit everything.
Re: What will I inherit?
Presuming your mother is still alive, albeit suffering from a horrible disease, and presuming you had the authority under the Power of Attorney to sell the house, so you could use the sales proceeds for your mother's care, the provisions of her Will will be negated by the lifetime action you undertook. You might find that your brother may sue, to say you acted improperly by selling his anticipated inheritance (emphasis on the word "anticipated"). Presuming there were not other assets of sufficient amount to pay for the continuing care for her, and that the authority to sell the house is stated in the P/A, you acted properly. The only question that would remain would be what happens if she passes away and there are still remaining sales proceeds from the house in her estate. In selling the house under the P/A, you undertook appropriate action, but in a fiduciary capacity, both to your mother and your brother. This responsibility is heightenend if there were other assets that could have been used to meet her costs of care, other than the house. You might find that if a claim is raised as to the remaining balance, it might properly belong to your brother. More information is needed about what assets remain, other than the house proceeds, and how and to what extent, if any, they are being used to meet her costs. By way of example, does she collect social security or a pension? If so, are these funds also being used to cover her costs of care? How about the other cash she had before the house was sold. Was it exhausted to cover her costs? Write me directly if you wish to discuss further aspects of your question, or the questions I posed.
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