Legal Question in Elder Law in New York

My parents own a house in NY. Both of their names are on the deed, with "his wife" after my mom's name. If my father dies without a will, will his "share" of the house pass automatically ot my mom. In other words, will the courts assume they have joint tenants with right of survivorship or tenants by the entirety, even if the deed does not specifically state this?


Asked on 3/02/13, 1:17 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Yes if they're married the assumption is tenants by the entirety, which means once one dies the other assumes full and complete ownership. Nothing else has to be done.

Read more
Answered on 3/04/13, 12:09 pm


Related Questions & Answers

More Elder Law questions and answers in New York