Legal Question in Real Estate Law in New York

My mother wants to sell her house. However, there are 3 names on the house. Her deceased mother in law, decease husband and hers. She has 3 children one of which she had with her deceased husband. Who does the proceeds of the house now go to? Mother in law had no will. Husband did have will and has stated on his will that wife could live in the property for as long as she lived. Also stated on will daughter should receive all real properties.

Asked on 7/02/13, 11:14 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

It depends on how title was listed on the deed. Probate of the estates of the decedents may be necessary

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Answered on 7/02/13, 11:34 am
Arnold Nager Arnold H. Nager, Esquire

The deed controls. However, you do not state if ownership is joint or as Tenants in Common. This is necessary to present a correct answer.

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Answered on 7/03/13, 8:55 am
Walter LeVine Walter D. LeVine, Esq.

More facts are needed and the original Deed needs to be reviewed, to see how the original title was vested. It also depends on order of death if the original title did not specify the survivor takes all.

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Answered on 7/06/13, 4:26 pm


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