Legal Question in Real Estate Law in New York

my former husband died w/o a will. who gets ownership of the house and property in nys?


Asked on 3/04/13, 9:53 am

3 Answers from Attorneys

Yefim Rubinov Yefim Rubinov Attorney at Law

It depends on the wording of the deed. Consult a lawyer

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Answered on 3/04/13, 10:03 am
Arnold Nager Arnold H. Nager, Esquire

Probably his heirs. Check the deed.

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Answered on 3/04/13, 10:06 am
Kevin Connolly Kevin J. Connolly

Good grief. The client said there is no will. Did you read the question??!?

The answer depends on many factors. When a person dies without a will, look first to see what property passes without probate: joint accounts, real estate held in joint tenancy or tenancy by the entirety. That property goes to the co-owner with relatively little trouble (though you may need clearance from the State of New York re inheritance taxes).

If the sole survivor is a spouse, the spouse takes all. A spouse and one child, half to each. Spouse and children one third to the spouse and 2/3 to the children.

Other level are out there: absent spouse and children we get into siblings, parents, even cousins.

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Answered on 3/04/13, 10:16 am


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