Legal Question in Wills and Trusts in New York
my father wants to complete a will, but does not want my mother to be able to have any involvement with the monies from sale of house when he dies because they have both lived with someone else since 1984, and she did not give him any monies when she sold her mates house or the house that they lived in. My father lies in NY and my mom lives in Delaware. she has dementia.Please tell me what is legal
1 Answer from Attorneys
I assume they are not legally separated.
If the deed is in your father's name and the house was obtained by him before the marriage or as a result of an inheritance, he has several ways he can transfer the property without a will. Two of many methods include (1) transferring the property to the person who he wants to have it after his death and retain a life estate; and (2) transferring the property into an irrevocable trust and discuss distribution within the trust. There are pluses and minuses in each method.
However, understanding the circumstances, transferring the property through a will is wrought with several pitfalls should your mother outlive your father. These problems include a will challenge and the demand for a years' support, which may force the sale of the house.
The best way to handle this would be to have an experienced attorney review all the options with your father. The attorney can also review your father's rights to her estate and property.
Also licensed in New York.
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