It would be a very bad idea to take this one item of your mom's estate and make a decision on how best to handle it without considering a dozen other items which may be relevant. Can't possibly answer this question without sitting down and talking through all the issues. You and mom are making a big, big mistake by trying to get free legal advice on the internet instead of spending some money to get face to face advice from an attorney. I am doing a seminar up in Pelham on Jan 28th if you want to come and you can see if you want to make an appointment with me or my Westchester associate.
Good luck.
Rick Bryan
New York, NY
