distrubition in a will

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distrubition in a will

can the parent designate what part of her house she wants her children to live in her will?

Asked on November 19, 2017 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the house has separate dwelling units within it, she can leave separate units (either entirely, or as "life estates" to live there for the remainder of the person's life) to different children. But if the house is  single dwelling, even if it has multiple rooms, she cannot designate where they live within it. So say a house has an attached separate apartment with its own entrance (commonly, but not always, called a "mother-daughter"): the mother can leave the home to child one, the apartment (or at least a life estate to live in the apartment) to child two.


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