Legal Question in Wills and Trusts in New York

Re: Wills

There are 2 ways this can be accomplished. Your mother can transfer her share to him now, for an actual payment to her, which she can then distribute to the other children. She does not sign a Deed until she has a check. Her Deed, if done now, must reserve to herself a life estate (which justifies the unreasonable price he is offering) and spell out, in writing, who will pay what costs are involved for her share of the property (like real estate taxes, insurance, repairs and maintenance). If done now, an attorney should be used to see she is protected (so she can continue to live there) and that all terms are in a written agreement between her and your brother. Alternatively, she can state in her Will that your brother has the option to buy her share of the house, for a stated amount, with the money going to the other children. If he does not pay the price, you get her share of the house. Either way, she gets money for you and he gets the house.

Re: Wills

You would have recourse only if you can estabish the existence of a contract. You would have to prove that your brother made a promise to your mother to give something to his siblings in exchange for the bargain purchase.

In the absence of a written contract your case would be very weak.

Re: Wills

My sympathies on this situation. While all lawyers know that all families become unfriendly when the issue of 'probate' and 'estates' come up, that may not be helpful to you. At least I can tell you that it is normal.

Anyway, your question has two componants: (1) How to enforce a contract of this nature (sale of property and distribution of money over $500.00 in the absence of a written cintract). The answer is that you cannot. You need a written contract in this situation.

(2) If the contract solution fails, can you overturn the transfer of 1/2 of the house to your brother? The answer is 'yes'. The theory of law would be 'undue influence'.

Your best strategy is to use the 'undue influence' option as a negotiating tool and see where that puts you. If you are unsatisfied with the negotiations, then this is a lawsuit that can be won. However, it will not help patch up your relationship with your brother.

You are welcome to call me to discuss the situation further for no fee. Its best to set up an appointment by email. I meet clients at 42 west 44th street in Manhattan and at 222 centre avenue in new rochelle.

Re: Wills

Make sure its spelled out in the contract of sale. How much is to be paid to whom and when.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.