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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 55830
Experience:  Licensed attorney helping individuals and businesses.
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NY Elder law. Should i or my sibling pay my parents

Customer Question

NY Elder law. Should i or my sibling pay my parents utilities and property taxes? My sibling moved into my parents life estate and is NOT providing them with any income and her excuse is that I have removed $30,000 out of our joint savings (which belonged to my parents) upon learning that my sibling was paying her spouse large sums of money and also was admitted into a 30 day rehab AGAIN. This money is for safe keeping and to manage for unexpected needs that arise for my parents. And to pay caregivers or the difference in a nursing home for the future. I am still learning about these things. My sibling is a former addict and has relapses this past year. As a result, i became POA and my parents removed hers. After my sisters rehab program ended, she and her new spouse moved into my parents life estate which me and my sister own. BUT they have NOT paid any proceeds of the rental income to my parents and refuse to pay their utilities and property taxes of their primary residence. This is confusing. They might be doing this out of spite because my sisters new spouse wants this rental property sold NOW and i refused because their monthly income is too low. I have never even considered medicaid because they have this rental property. It is very confusing and i have seen an attorney but they said this could be years of litigation. What we have done instead is to simply evict my sister and her husband from the rental property and that is what is happening now. Would it be wise to send a letter demanding my sister pay our parents utilities, property taxes and all other expenses or should I be paying those bills with the $30,000 savings that i have put aside for them? That money will be gone in 2- 3 years easily for paying caregivers. The hearing is next week.
Submitted: 8 days ago.
Category: Estate Law
Expert:  Infolawyer replied 8 days ago.
Greetings! I am a legal expert on the site and am working on your question.
Expert:  Infolawyer replied 8 days ago.
Those property debts need to be paid to avoid liens and foreclosure sales.Normally owners pay this to avoid that outcome.If not an owner should only do so if wish to help or stand to inherit.If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.
Customer: replied 8 days ago.
I may not have clarified properly.. There are two properties. ONE is the primary residence of the owners of the life estate which is on a different property which produces income from the rents of 4 apartments. The former owners have this rental property as their life estate. (for the purpose of deriving an income in their retirment as well as being a potential place to reside. At the present time, the former owners do NOT reside on the property with the life estate but are suppose to derive an income from the rent. The rent income is NOT being provided to the owner of the life estate. The owners of the rental property are the adult children of the owner of the life estate. One of those adult children is NOT giving any of the income to their parent. This is the issue. The rental income is suppose to be paying the property taxes and all utilities on the parents PRIMARY residence. The one sibling that is collecting rent and not providing the parent with the income is not doing their fiduciary duty and creating hardship. The sibling that has moved into the life estate is paying the expenses on that property which is a rental but not paying rent. Does that clarify?
Expert:  Infolawyer replied 8 days ago.
The breach in failing to make payment should be pursued through to compel payment to pay those utility and tax obligations.
Expert:  Infolawyer replied 8 days ago.
If needed, If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Kindly rate me five stars.