New York  |  Elder Law

Legal Question

Asked on: 4/17/13, 3:46 am

Hi,

I have an interesting case... My elderly father and step-mother are very financially incompetent. When they married, my father had a pre-nup drawn up to protect his house. Ten years later they sold that house and bought a new one. They put both names on the deed and the new mortgage. My father is now concerned that his wife will not be able to maintain the house after his death and wants to leave it to my brother and myself, but to allow her to continue to live there for the rest of her life. I understand that this can be accomplished with either a living trust, or a life estate, but I have two questions.

1. How can the entire house be left to the children when the wife has part ownership? Will she have to deed the property back to my father or both of them sell the property to the children?

2. How can the children ensure that the house will have the property taxes, insurance, maintenance, etc. paid, without having to have it come out of their pocket. My father's estate will not have any extra cash, but the wife will receive an ample amount in pensions and social security. Can the trust be contingent upon her paying the bills?

Thanks!

Dave

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search