Legal Question in Real Estate Law in New York

my friend left me here house in life estate. she goes in nursing home in nys, can i sell house pluse she gave me my wife /kids money large some 80000-00 dallers now will ii get trouble when she goes in nursing home gave cash she cashed thing in i am worried [email protected]


Asked on 2/18/11, 5:45 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

It's not entirely clear what your frend left you. IF she left you a life estate in the house, you can sell your life estate but not the remainder. If she left you the house "after" her life, i.e., reserving a life estate for herself, you can sell the remainder but you likely will not get much for it. The cash gift, if it really is a gift, is no problem for you because gift tax, like estate tax, is payable by the giver (or the estate). The same is true for the value of the life estate, if it is a gift. On the other hand, if the property and cash were in exchange for services rendered, then you need to report these as income.

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Answered on 2/18/11, 7:40 am


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