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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41643
Experience:  Texas lawyer for 30 years in Estate law
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NY Lifestate of parent has one adult daughter disabled on

Customer Question

NY Lifestate of parent has one adult daughter disabled on deed becomes disabled. Can the daughters new spouse do anything to become the new owner of the deed? Two sisters have been deeded the parents home. One sister has relapsed after marrying one of the caregivers who was making directives for her parents which the newly married daughter could not comply as the parents still had autonomy and opinions yet both parents have been experiencing memory issues and possibly have some dementia diagnosis yet high functioning. The daughter has been in and out of rehab now for a few weeks. Possibly going back on disability. THe new spouse is very aggressive and after a year of saying wonderful things about the family when working as a caretaker,, began once married to accuse the other sibling of elder abuse and lack of financial oversight of the other sibling....and wants to have my family appoint a guardian? The family is made up of scientists who are not very managed as far as bookkeeping but as far as mismanagement of funds... the only person mismanaging was the sister who relapsed. No one in the family wants to accuse the sister for mismanagement of funds because she was the loyal caregiver and everyone was sincere and caring at heart. Everyone has been cared for, yet with thrift because the parents are Asian and extremely frugal with very independent opinions. Assistant was sought for help and now the help is making accusations and the adult child of these parents is all of a sudden disabled after relapsing from being sober for 6 years? Is there something that this caregiver/spouse could be plotting to secure herself my parents property or damage the life estate of my parent?
Submitted: 11 months ago.
Category: Estate Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 11 months ago.

Anything gifted or willed to your daughter is her separate property.It is exempt in a divorce.Unless she were to add his name to title this doesn't change in a divorce situation.By titling it in her name it is separate nonmarital property here and he cannot have an interest in it in the event hey were to divorce later one.

You would have option here to use a lawyer to create a living trust to hold title and make daughter beneficiary if you are concerned she might be taken advantage of.In that case the trust holds legal title in the name of the trust and she would just be equitable owner and could not gift it away.It would be an option here if you have concerns he would take advantage of the daughter and try to change title.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 11 months ago.

And you have legitimate concerns here, I see these kinds of things everyday, they get parents to sign things like deeds, wills, etc that you don't know about and take advantage.This is called exploitation of the elderly.You may want to consider a guardianship yourself if you want to protect parents from these people.

Customer: replied 11 months ago.
The house is gifted to me and my sister....
Actually i don't know if it is gifted.. given, what ever
Customer: replied 11 months ago.
Me and her name are on the deed and one parent has a life estate and not the other for some reason which i am unclear about at this time as well.
Expert:  RayAnswers replied 11 months ago.

You may want to start here with a visit to the county deed records where the property is located to get copy of the deed and see if anything else has been filed.That will tell you whether there are problems at least with the deed.

Thanks again.

Customer: replied 11 months ago.
34;Anything gifted or willed to your daughter is her separate property." it is my sister.
It is exempt in a divorce.Unless she were to add his name to title this doesn't change in a divorce situation.
I believe this could be happening now. That she has or is being pursued-ed to believe that the family has abused her loyalty as caregiver. But this is not the case as the parents also stayed with another sibling and the daughter who fell to addiction insisted on bringing the parents back to live with her. This was prior to knowledge of addiction by the siblings."By titling it in her name it is separate nonmarital property here and he cannot have an interest in it in the event hey were to divorce later on."
But if my sister titles the property in her new spouses name, there is nothing that can be done anymore if they divorce in the future right? Or if my sister goes on disability which might be the strategy and gifts her share to her new spouse so that she can get government income...You would have option here to use a lawyer to create a living trust to hold title and make daughter beneficiary if you are concerned she might be taken advantage of. Well i would not be able to do this myself,,,, would I? doesn't my parent with the life estate need to do this? My sister has moved into this property btw... and now my parents are not getting rental income.
Expert:  RayAnswers replied 11 months ago.

But if my sister titles the property in her new spouses name, there is nothing that can be done anymore if they divorce in the future right? Thats correct it becomes marital property.And it could be your sister is titling it in his name for benefit purposes, you never know what games people are up too.But these are both possibilities.And there is a loss of income to parents if she is living there rent free.

Customer: replied 11 months ago.
if I contact an attorney, it would be considered undue influence correct? But if i do nothing, then my parents would be forced to liquidate the home they live in right now becaus they can not pay the taxes without the income from the rental property my sibling moved into with her spouse.
Also, can you clarify; "option here to use a lawyer to create a living trust to hold title and make daughter beneficiary if you are concerned she might be taken advantage of"
Who creates the living trust ? All communication has ceased at this time. There is no communication with my sister or her spouse.
Expert:  RayAnswers replied 11 months ago.

It is not considered undue influence here to involve a lawyer.You have legitimate concerns.Your parents would be able to sign a living trust prepared by a local lawyer.

I am concerned that your sister and her husband might try and leave you out here one way or another.I have been through this with a sibling, people can be greedy.

Customer: replied 11 months ago.
Well we have equal share.... I am protected isn't it? It is my parents that don't have income from the life estate anymore.
But because she is troubled now,,,, and her spouse needs to take over i am assuming and might apply for guardianship... how would I be the one left out? WOuldn't my sister be the one left out the most? I would do something to protect her.... Anything i can do to ensure that in 5, 10, 20 years, if my parents pass away and she gets a divorce or she becomes ward of the state or disabled..... her spouse and his adult children lol.... It could simply be a financial strategy to simply get my sister on the gov dime, and they both can have financial security? It could her spouse is approaching this in a protective manner and thinks that I AM THE GREEDY SIBLING trying to ........ Trying to what? I am just trying to make sure my sister is protected should she divorce him after my folks pass. They won't get anything as they get older from their share of the life estate.
Customer: replied 11 months ago.
I have learned that my parents will get less and less from the life estate as they get older correct?
Expert:  RayAnswers replied 11 months ago.

I would agree that your parents are getting less, no rent here at all.Not sure what you can do for sister.I think you look out for your parents and yourself.Since she is married some of that is beyond your control whether she adds him to her share of properties , accounts, etc.

Customer: replied 11 months ago.
can you clarify; "option here to use a lawyer to create a living trust to hold title and make daughter beneficiary if you are concerned she might be taken advantage of"
Who creates the living trust ? All communication has ceased at this time. There is no communication with my sister or her spouse. That was never divisiveness prior to this.
Expert:  RayAnswers replied 11 months ago.

The lawyer would create it for your parents here.if they have capacity.It may be too late if they lack capacity here.

Customer: replied 11 months ago.
Ah... one parent named on the life estate has capacity, but the other one whom does not have life estate flip flops depending on sleep and other factors,....
Customer: replied 11 months ago.
the deed owners do not have to be in agreement and the parent can do this on their own?
Expert:  RayAnswers replied 11 months ago.

Yes ti would take both here life estate holders and the residual ones if they wanted to ell or transfer a complete title.The life estate owners can only transfer their life estate.

Customer: replied 11 months ago.
Thank you for clarifying this issue but I'm not understanding that sentence you wrote. Can you explain it differently?
Expert:  RayAnswers replied 11 months ago.

So maybe they talk to lawyer about a trust.Lawyer decides if they have capacity as he would be witness.You could hire him to come to house to interview them.Thats your call but it is possible.

Customer: replied 11 months ago.
Why does the lawyer have to come to the house? also if you can explain if the life trust holder needs signature from his children on the deed to do this? Or can this parent do this independantly?
Expert:  RayAnswers replied 11 months ago.

The lawyer would come to house if parents have trouble getting around.You could go to his office with parents if that is not a problem but they do make house calls if needed.

Expert:  RayAnswers replied 11 months ago.

Life estate holders either need remindermen or they can only covey their life estate and not remainder interest.

Customer: replied 11 months ago.
I want to clarify because my original question appears to be botched up.
There's a parent which has a life estate on a property that was given to the two adult daughters, one of which has recently relapses after marrying a controlling spouse who has been insisting on directives to put the parents into nursing homes with accusations of dementia.There is two parents but the one with competency is the one named on the life estate.Just wanted to clarify the parties involved.,
Expert:  RayAnswers replied 11 months ago.

Here the life estate would be voided if both parties abandon the home for a nursing home.Might be a back door way of claiming the house to live in and then get title sooner.Thats what I see here.

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