Legal Question in Real Estate Law in New York

My mother recently passed away quickly and left her home to myself and my 2 siblings. We had the property divided into TIC 3 ways upon her death. I have been living in the house since April 2010. My mother had said verbally to each of us that I was allowed to live in the house as long as I want, as long as I paid for maintenance, and that the property was to be divided 3 ways when I move out and it is sold.

I would like to make some capital improvements on the house. My sisters do not want to contribute to this because they are afraid it would raise the value of the house and they would be taxed on the difference when it is sold. I am willing to pay for some myself. Should this make any impact when the house is sold? Also, should the taxes for this house be solely in my name? Also, I am toying with the idea of buying out my sisters. The home is very neglected and every area of the house both construction wise and cosmetically needs to be redone. Between that and the real estate market, ( the real estate agent estimated it at $85k-$132k) what would be appropriate to offer to buy out my sisters considering they are willing to make no repairs to the house before selling it and that one room has missing pieces of drywall with insulation shoved in the ceiling, etc...

Also, should I be getting my own attorney to represent me in this so I dont get screwed over by my older siblings?

Thank you in advance for your help.


Asked on 11/16/11, 11:23 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

A few problems, starting with the fact that your mother's wishes (giving you life estate and only covering maintenance) were verbal and not specific, so not really binding on everyone. How did she define "maintenance"? This goes to the question about property taxes and the responsibility for fixing-up costs. If not included in the definition of maintenance, property taxes is a three-way obligation, but you might be responsible to pay rent based on your life estate and no specific written instructions or directions on how costs are to be split among the owners. If maintenance is used in its traditional meaning (repairs, etc.), this would be your sole responsibility. Bottom line on income taxes if property is sold at a "profit". First, a new basis for income taxes came into existance when your Mom died, The value of the house on her date of death is the basis. Fixing up costs usually increases basis, even if the potential sales price is not impacted. Thus, closing a wall has a cost, but may not increase the selling price. Also, your life estate may be considered like a rental, and the "depreciation" element of a rental could lower the basis, thus producing a gain when the house is sold. I suggest getting your own attorney, both familiar with real estate matters and estate and income tax matters, to assist you. You might want to consider buying out your sisters, as this may benefit you in the long-run, when the house is fixed up and sold. This is a response to an Internet question and the reply is not intended to be legal or tax advice or as creating an attorney-client relationship.

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Answered on 11/16/11, 1:37 pm


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