Q: Are my sister & her husband obligated to share the proceeds of the sale of my late mother's home in New York State?
My elderly mother sold her house in 2019 to move a few miles so she'd be closer to my sister. My brother in law (a CPA) put the proceeds from the sale (>$100K) in a bank account in my nephew's name to hide the $ from the govt in case Mom went into a nursing home. He then bought a house near he & my sister, taking out a mortgage on it which was also in my nephew's name (nephew knew & agreed) where Mom lived until she passed away recently. Mom died intestate. My brother in law is now saying that A - the house belongs to them because it was in their names (ostensibly to protect it in case of Mom going into a home) and that they have no intentions of selling it, and B - that they are not obligated to give my brother & I one red cent of the money from the sale of Mom's original home. My brother in law says my brother & I should simply split Mom's savings account (<$20K). To clarify, Mom was a widow with 3 adult children. Is this legal?
A: It is legal. In fact, without you undertaking expensive and likely unsuccessful litigation, it is the way it is supposed to be. The recorded documents say what they say.
A:
In the absence of some agreement regarding the proceeds of the sale of your mother's house, I generally agree with attorney Siegel. Based upon the fact pattern you described, your brother's house is your brother's house and your mother having lived there does not make it hers nor make his house part of her estate. The facts are not totally clear from your question, but it appears that when she sold her house, she gave the proceeds to your nephew. That was a transfer made during her lifetime and while it may, for example, have been subject to gift tax, assuming again there was no fraud, etc., thouse proceeds presumably became your newphew's property and would also not be part of her estate. Again, perhaps there was some agreement as to those proceeds, but none is apparent from your question.
As with most legal questions involving specific facts, it may not hurt to consult with an attorney who can more properly review the complete fact pattern and provide you with legal advice.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
