Expert Advice When You Need It Most

Estate planning, setting up a constructive trust in NY state

Asked over 3 years ago - Floral Park, NY

Parents gave their home to daughter and husband to live in with their 3 kids, NY.
Parents moved to Florida. Parents said they could live there as long as they wanted to. House has always stayed in parents' name but kids pay for upkeep and taxes, etc. It has been many years...Ok, the Father passed away and now the Mom says she wants them all out of the house by 6/30/09.

Family is quite upset....youngest son still has 3 years to graduate high school and they'd like to stay in the home until then. Mom has a lawyer to get them out of the house...is there anything the daughter can do to stay in the house? Someone has mentioned a constructive trust, but they and I don't know what that is. Thanks.

Flag

Save

Share with:

Attorney answers (2)

Oscar Michelen

Reputation Level 15

Answered over 3 years ago. Commercial Real Estate Attorney in New York, NY.

Flag

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.

Mark as good answer

Add comment

Pamela B Stuart

Reputation Level 6

Answered over 3 years ago. Estate Planning Attorney in Washington, DC.

Flag

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.

Mark as good answer

Add comment