Re-titling property deed

What is the name of your state (only U.S. law)? NY
My mother re-titled her house (assessed for $1M) to my brother and me (to avoid losing it if she had to go into a nursing home, she was 82 at the time) and purchased long-term care insurance 8 years ago. At the time, she mistakenly thought she was then 1/3 owner of her house. But the title was in my name and my brother's, with my mother retaining life use. My brother died this year at age 49 without a will. He was married with one adult son. So as I understand it, they are now the owners of my deceased brother's share of my mother's house. My mother wants to leave $100K to each of 4 grandchildren, but has no cash to do so. She wants to re-title the house back into her name, so that when she passes, the house can be sold and the proceeds divided according to her wishes, with the balance after the $400K is distributed, going to myself. But my brother's wife and son are refusing to sign the deed back over to her. My children will be well-provided for as I am financially well-off. They know nothing of these disagreements. Iis this worth persuing in court to force them to re-title the deed?

there is no justification for a court to force the title change. The original transfer was done willingly and with intent so it is what it is.

as to who owns the other share; depends what state he lived in and his financial status at his time of death.

You said, "Iis this worth persuing in court to force them to re-title the deed?".

That is not going to happen unless it is voluntary. Courts certainly won't force it. Mother will just have to trust that you and sister-in-law might share with grandkids.

It doesn't matter, but how did the title get to be in your name and your brother's name?

curb1 said:

It doesn't matter, but how did the title get to be in your name and your brother's name?

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My mother re-titled her house (assessed for $1M) to my brother and me (to avoid losing it if she had to go into a nursing home,


one other thing I missed:

depending on how title to the property was held between the two brothers could play a part. If it was tenants in common, what I said previously holds. If it was as joint tenants, then you are not the only owner and you can do with the property what you want to.

I assumed it was tenants in common.

a typo

If it was as joint tenants, then you are not the only owner and you can do with the property what you want to.

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Layman, I think you meant to write, then you are 'now' the only owner. Like Joint w/right of survivorship.

Kiawah said:

Layman, I think you meant to write, then you are 'now' the only owner. Like Joint w/right of survivorship.

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yes, I did. Fat fingers and mental fatigue can end up with some odd statements.

thanks.