Legal Question in Wills and Trusts in New York

My mother transferred her house into my and my sister's name in the 80's. In her will she maintained a life estate of the house until her death. She moved into an assisted living place in the 90's and rented out the house and she collected the rent. Now she is in a Nursing home and the nursing home says they will take the rent and any other assests she holds in her name. Can the State of NY take the rent she gets from the house when she doesn't own the house?

Asked on 11/03/10, 4:37 am

Arnold Nager Arnold H. Nager, Esquire

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She owns the house until she dies. That is what a life estate means. You and your sister become owners only after she dies.

Answered on 11/08/10, 4:53 am

David Slater David P. Slater, Esq.

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No. Her life estate expired when she moved out with no intent to return..

Answered on 11/10/10, 7:55 am

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