Legal Question in Real Estate Law in New York
will
my aunt owns a house and on the deed is her brothers name who is married. if he dies does the house pass to his wife or the people in her will. also is it difficult to change a name on a deed?
2 Answers from Attorneys
Re: will
It depends on how the deed is worded. If the deed is worded "Joint Tenants," brother's death transfers the house to Aunt (or Aunt's death transfers the house to brother).
If the deed is worded just "Aunt and Brother," they are tenants in common. This means that when Brother dies the house is 50% Aunt and 50% brother's heirs (wife or people in his will). When Aunt dies house is 50% brother and 50% people in her will.
To answer your last question, it is not difficult to change a name on a deed. It is just paperwork.
Mike.
Re: will
Depends on how the deed is written. You need to have a lawyer review the deed. I can be reached at 212/847/9595.
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