Legal Question in Real Estate Law in New York

Ownership of a home

Deed is in Father's name. Father dies leaving Will stating that should spouse die, the children inherit the home. Spouse remarries, leaves a Will stating that the husband may live in the home until his demise at which time, the children inherit the house. My question is this, If husband was paying property tax on the home, can he have the name on the deed changed from my father's name to his name giving him ownership of the home?


Asked on 11/03/07, 10:36 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Ownership of a home

No.

It sounds like your Father either gave his spouse a life estate (when spouse dies children inherit) or left the children a "remainder" interest in the house.

Either way, upon the spouses death the children will inherit the home (no matter what the spouse put in her will or who pays the taxes).

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Answered on 11/03/07, 11:54 pm


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