Legal Question in Wills and Trusts in New York
I live in New York State. My mother has Alzheimer�s Disease and my 82 year old father is taking care of her. If she should need to be placed in an institution, will my father lose his house? If my father should pass away while my mother is institutionalized, what will happen to his house? Is there a way to prevent his house being taken?
Thank you for taking the time to answer my questions.
Laura
1 Answer from Attorneys
Q. If she should need to be placed in an institution, will my father lose his house?
A. No.
Q. If my father should pass away while my mother is institutionalized, what will happen to his house?
A. The house would belong to your mother. The problem is that your mother would not be competent to sign a deed. And if there is no power of attorney, you would not be able to transfer the house until after her death. Furthermore, you may need the house to pay for mother's expenses. Therefore, you - and your dad - should apply to the Court to be the guardian for the mother (if there is no power of attorney).
Mike.
Related Questions & Answers
-
How do i find out where the probate court is located in my area? Asked 10/20/09, 1:14 pm in United States New York Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
