New York, NY asked in Estate Planning, Foreclosure and Real Estate Law for New York

Q: I have a unique opportunity to take ownership of a NYC appartment via a legal will. Can you help me navigate this?

A senior citizen whom I voluntarily care for from time-to-time, is listed under the protective community guardian program in New York City. She owns and lives in a Manhattan-based co-op appartment, which is fully owned. She has no living family members nor relatives, and has never setup a legal will. I have been a long-term friend, taking care of her for several years. I am listed as her primary contact for all important matters. She is of sane mind and would like to nominate me as the beneficiary of her property when she dies one day. If not, the property will be left to the State. She has agreed to have an attorney meet with her to set up a legal will, and will volunteer the transfer of her property without any coercion. What are the key legal considerations under these circumstances, and what is the legal process to achieve this?

3 Lawyer Answers
Derek John Soltis
Derek John Soltis
Answered
  • Estate Planning Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: She needs to have a typewritten will created. It needs to be signed by two witnesses other than yourself if you are to be the only beneficiary.

Believe it or not this not that uncommon of a situation. If she has no other living relatives the process should be fairly straight forward.

1 user found this answer helpful

Barry E. Janay
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Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: Congratulations, all she needs to do is have a valid will with a specific bequest to you of the house. I'd be happy to assist on that front for a reasonable flat fee.

1 user found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: She needs to hire a lawyer separate from you. She needs to be competent. You cannot be involved in the process.

1 user found this answer helpful

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