Mom has no will but for 17years I have been living with her and my autistic brother, my wife and 5 kids also reside here. I have 6 siblings and they knew that my mother wanted my brother to remain in the house for the rest of his life. Also I have guardianship of my brother. My father passed away 17 yrs. now and in his will it states that all properties and money went to my mother but in the event that she passed on before him that would go to my oldest brother.also the house is still in my fathers name.
State/Country relating to question: New York
We haven't done anything other then get a power of attorney but the problem now is my mother had a serious stroke and is dying. I know the power of attorney dies with her what is my next option?
Hello,Thank you for allowing us to assist you with this problem. I'm sorry to hear that your mother is passing.Since you mother has no Will, when she passes all her property including the house would pass by NY Intestate law which means that you and all your siblings would inherit the house equally. You and your sibling obviously can allow your autistic brother to live in the house his entire life if you wish but if at least one sibling disagrees, then that sibling could force either a buy out of his/her share or force a sale of the house. The legal way to ensure your mother's wishes are carried out is to make sure there is a new deed drafter after your mother passes which gives your autistic brother a Life Estate in the property then a remainer to you and your siblings. This will ensure that your brother gets to live in the house until he passes.As I mentioned earlier about the Intestate laws, you and your siblings would inherit the house by law without probate. You should contact the appropriate tax office in your County to see what the requirements are to list you and your siblings as owners. In most Counties it would as simple as recording a certified copy of the death certifate. However, you may also wish to consult a local general or real estate attorney to prepare a deed with a Life Estate for your brother to make the title to the property "cleaner."
Practicing Attorney for over 20 years and College Professor for over 10 years
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