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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33226
Experience:  15 years real estate, Realtor. Landlord 26 years
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My mother recently passed away and her house was in a life

Customer Question

My mother recently passed away and her house was in a life estate for myself and my sister. We live in New York. I was told by the Attorney that did the life estate for my mom that since I lived with my Mother I was considered a resident child caregiver and I was entitled to 10% more of the house. So I would own 60% of the house and my sister would get 40%. I did call the attorney that did the papers but now she says she doesn't remember saying that and she has no idea. I just need to know what the real story is.
Submitted: 6 months ago.
Category: Real Estate Law
Customer: replied 6 months ago.
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Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I am not sure where the attorney got that idea, but it simply isn't true. There is no NY statute that dictates that if a child is a caregiver, they receive a higher portion of any estate. That is entirely up to the decedent to determine how their estate is divided. Unless mother made a disproportionate division in the remainder interest in the house (i.e. what is left over after the life estate extinguishes) then the default if exactly equal if you are both the remainder owners..Mother would have had to specify in the deed that you got 60% and sister got 40% if that is what she wanted to happen. If you and sister are both just listed as the remainder owners, you are equal at 50/50...thanksBarrister

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