Legal Question in Wills and Trusts in New York

Re: Wills

As the primary care provider for your grandmother, and since you resided in the house with her, the house should be exempt from claims for future Medicaid reimbursement on her demise. This is within the exemption from property of your grandmother that medicaid can require be liquidated for qualification purposes.

However, if your name is not on the Deed as a co-owner, or if your grandmother has not made a Will leaving the property to you, the house will go to the person(s) named in her Will as receiving her assets. If she has no Will, the laws of intestacy (dying without a Will) will control who gets her assets. If you are not her closest living relative, the house will go to her closest living relative.

If your grandmother is still competent to make a Will, I recommend that she make a new one naming you to receive the house, or prepare anew Deed in which you are named to receive the house when she dies.

If she is no longer competent, and if there is a pre-existing Power of Attorney from your grandmother to someone, and it permits that person to make a new Deed, it should be done immediately.

Please call me if you need any assistance - (973)-377-3313.

Walter

Re: Wills

More infoirmation is required to answer your question. Does your grandmother have a will at all. If so that will determine who gets the house. If there is no will, then it will be distributed by intestacy and her children and spouse would get the house.

Daniel Clement