Legal Question in Wills and Trusts in New York
Protection against sibling tryin to get house signed in his name
I am one of five children and our brother is trying to coerce our sick elderly mother into signing the house over to him alone. What are our options here and what protection do the rest of us have againt him if this should happen and what is the best way to handle this as far as a tax situation. My mother is of sound mind but my brother cannot be trusted. So we are looking for the best possible way to make sure when the house is sold its totally fair and square.
1 Answer from Attorneys
Re: Protection against sibling tryin to get house signed in his name
I am sorry this situation has arisen. My best wishes for your mother's improved health.
1. If the bad brother lives in the house with her, have a 2nd sibling move in. That will dilute his influence.
2. It is difficult, but talk about 'estate planning' with your mother. Have a lawyer help you bring up the subject to her and be available to assist later if she agrees in principle.
The main issue would be if it becomes necessary to use medicaid for a nursing home facility, the most important thing you can do is plan ahead. You can save tens of thousands in nursing home fees by planning ahead.
Do not underestimate the savings made possible by a capable attorney in this situation.
Also, tax planning is sometimes important. You do not want the inheritance eaten up by taxes. A trust is a reliable tool to help her retain control and avoid taxes later.
This is what lawyers do. If you have a good one, then make an appointment. if not, make some inquiries.
You are welcome to a consultation for no fee.
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