Legal Question in Wills and Trusts in New York

My mother passed away last year and told all of us (sisters and brother) that she wanted the house sold and split between the 5 of us, shortly after that she had the house put in my sisters name so she wouldn't lose it because she had to go into a nursing home. But still continued to say that it be split between the five of us. When she passed my sister stated it was hers and she is going to give it to her daughter. Is there anything we can do to change this?


Asked on 3/23/10, 5:53 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Possibly. You and your other siblings would need to sue your sister to impose a constructive trust on the house.

Quite frankly, I don't think your chances would be great without independent witnesses or some written proof.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

Read more
Answered on 3/28/10, 6:09 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York