estate planning, setting up a constructive trust in NY state

Constructive trusts are difficult to obtain and normally require that somene got title to property they are not entitled to by fraud mistake or duress - none of which are present here. The property was always your parents, all their promises are oral and not in writing. While you have paid for upkeep and taxes, you have also had the use and enjoyment of the premises so its not like you didn't get anything for your money. (Not that it matters now, but the better course would have been to deed the house to you and give back a life estate to your parents.Though even then they woudl be able to sak you to leave during the course of their lifetime). So I don't think you have much of a chance to get a constructive trust. If you would like, please feel free to call me at my firm 516-248-8000 this evening to discuss this in greater detail in a free consultation.

I am a New York licensed attorney. I agree that it is almost impossible to establish a constructive trust in your situation. I would suggest having the house appraised and offer to purchase it from your mother at the appraised value. However, if she refuses to sell, you have no choice but to vacate the property as requested. Alternatively, you might request a lease with an extended term but it sounds like she will refuse that too. Good luck.