Legal Question in Elder Law in New York

My brother lives and rents with my mom. My mom now has dementia and he took over her mortgage without telling me. The will states to split home fairly when she passes. Can my brother now have the rights to ask for the mortgage money he paid to be subtracted from share of estate? My mom did not know what she was doing. Do I have any rights to go live with my mom now to help her? Can he prevent me from living there? Or do I have any rights after she passes to go live there in the 2 family home? Ty

Asked on 12/09/19, 10:06 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

There's no way to divide up the house after mom dies. The mortgage has to be paid off. So what happens in the Executor sells the house, pays off the mortgage, and divides the proceeds according to mom's Will. There's no other way; no one is going to be living there. If the Executor has any sense and gets legal advice.

I'm not exactly sure what you mean that your brother took over the mortgage. What does that mean? Your brother is paying the mortgage? Good for him. Otherwise the house would go into foreclosure. It's a tricky situation whether your brother is entitled to be compensation after mom dies in return for paying the mortgage now. In part, the answer is 'yes'; however he's also living there, and should be paying rent. It's not easy. And if you move in to help take care of mom, you'd have to pay rent too. Sounds to me like you're trying to move into the house is designed to cause friction and this is going to end up in court and everyone is going to lose. Go see an elder care lawyer and figure out how best to help mom.

Good luck.

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Answered on 12/10/19, 5:45 am

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