How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney2 Your Own Question
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 5674
Experience:  28 Years in General Practice and Estate Planning
68197583
Type Your Estate Law Question Here...
Attorney2 is online now
A new question is answered every 9 seconds

NY if life estate is only in one spouses name and she dies,

Customer Question

NY if life estate is only in one spouses name and she dies, I assume her spouse gets the life estate transferred to them don't they?
Submitted: 3 months ago.
Category: Estate Law
Expert:  Attorney2 replied 3 months ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. There is a remainder person generally named that gets the property after the life estate. Do you have a copy of the life estate documentation?

Customer: replied 3 months ago.
The property was deeded to the adult children.
Expert:  Attorney2 replied 3 months ago.

Was the other spouse ever on the title?

Customer: replied 3 months ago.
The spouse was on the title. It seems odd that the spouse was not added somehow. Why would that be?
Expert:  Attorney2 replied 3 months ago.

That is odd because once one spouse got a life estate it would pass to the children upon the death. I would really need to see how it is worded. Did both spouses sign the deed to the adult children?

If both spouses signed the title (deed) to the adult children, unless there is a provision for the other spouse the real property goes to the children.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my wok I would appreciate. You do not need to provide a negative to obtain a refund. Thank you for your consideration.

Customer: replied 3 months ago.
i dont think so... Could it be the other spouse has a competency issue even though they have many skills but their comprehension of things is still somewhat there for some things and not others?
Expert:  Attorney2 replied 3 months ago.

i dont think so...

If both spouses were on title both needed to set up the life estate. You states that both of the spouses signed, Now you appear to be telling me one spouse may have not understood what they were signing. Could it be the other spouse has a competency issue even though they have many skills but their comprehension of things is still somewhat there for some things and not others? Anything is possible. However, I don't know the people you are referring to in your question. Was the spouse ever diagnosed and adjudicated as incompetent?

If the other was not competent or lacked the capacity her Guardian/Conservator should look into the matter. As it stands now if nothing is done the home goes to the adult children as the spouse was not added to the life estate and signed the deed conveying the real property to the adult children. Someone would need to contest the life estate on the basis that other spouse was not competent when they signed the documents.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my wok I would appreciate. You do not need to provide a negative to obtain a refund

Customer: replied 3 months ago.
I've requested a copy of the document from the attorney that executed it and let you know.
Expert:  Attorney2 replied 3 months ago.

If the spouse signed the property goes to the adult children. If she did not sign the other spouse can only transfer their 1/2 interest in the property. If there were competency issues this will need to be decided by the court.

A consult with a local attorney would be the next step depending what you find out. There is not much more we can do from this site other then provide links to local estate attorneys that provide FREE consultations that can assist with any irregularities. If you would like a link now please let me know the county in New York where the real property is located and I can provide links.

Thank you for using JA! We appreciate your business.

Customer: replied 3 months ago.
The other spouse was given a neurologicsl test and it says dementia on the report with some other data. shouldn't retirement money be allotted for the other spouse so that better care can be provided ?
Expert:  Attorney2 replied 3 months ago.

If there was a dementia diagnosis AND this person lacked the capacity to understand what they were signing then a case needs to be filed on this person's behalf for the court determine what they are entitled to receive. There is nothing that will happen automatically, it needs to be handled by a court order. Would you like a link for attorneys in the spouse's local area that provide FREE consultations?

Customer: replied 3 months ago.
But an attorney did it. The attorney I'm assuming, must have felt that the siblings are going to care of the parents who still have their own home which they live in with both their own names on the deed.
Expert:  Attorney2 replied 3 months ago.
An attorney had an incompetent spouse sign a deed not knowing what they were signing? If the spouse is not mentioned in the life estate the real estate goes to the children. Unless other provisions were made for the spouse that you are not aware of there is no life estate for the spouse.
Expert:  Attorney2 replied 3 months ago.
As attorneys we don't make assumptions we see what the legal documents state. Do you have any other questions for me?
Customer: replied 3 months ago.
How can I ask another question connected to this?
Expert:  Attorney2 replied 3 months ago.
Feel free I am happy to help
Expert:  Attorney2 replied 3 months ago.
This is why estate planning is so important.
Expert:  Attorney2 replied 3 months ago.

In the meantime if you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Please post your follow up question in this thread. Thank you.

Customer: replied 3 months ago.
Can you tell me if the administrators fixed the question system so that I can keep adding bonuses along the thread if the question relates to the same thread?
Expert:  Attorney2 replied 3 months ago.

I wish I knew that. The attorneys are not involved in billing matters and have no access to customer accounts. You would want to contact customer service. The site looks very different on my end. Thank you for asking.

US/Canada1-***-***-****

Available 6am to 9pm PST

Expert:  Attorney2 replied 3 months ago.

Do you have any additional questions for me?

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my wok I would appreciate. The Attorneys only receive credit for their work and time if the customer rates them positively. Thank you for your consideration.

If you would be kind enough to rate my service positively so I will receive credit for my wok I would appreciate. You do not need to provide a negative to obtain a refund

Customer: replied 3 months ago.
Ahhh,... Related question.. if life estate is only in one spouses name and she dies, I assume her spouse gets the life estate transferred to them ONLY if this is directed on the deed and if the spouse as already begun to receive medicaid, then they would lose Medicaid correct?
Expert:  Attorney2 replied 3 months ago.

Seems that the facts keep changing. Either way a deed and life estate pass real property outside of probate. If the deed is in only one name and the person named in the life estate dies the property passes outside of probate based on the deed. It is my pleasure to answer any follow up questions that you may have once you have rated my service positively.

Thank you.

Related Estate Law Questions