Legal Question in Wills and Trusts in New York

A father dies who lives in NYS and has a surviving spouse and 3 children . When a home , which is owned by deceased , is sold are the 3 children entitled to any of the proceeds from the sale of the home if there is no will , or just the surviving spouse?


Asked on 2/24/10, 7:05 am

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

If the residence was owned by the father and his wife with right of survival then the proceeds of sale would go to the surviving spouse. Other rules apply if the house was owned individually by the father. In that case, with minor exceptions, all of the assets owned by the father individually, including the house, are divided as follows: the first $50,000 goes to the surviving spouse and the remaining amount is divided one-half payable to the surviving spouse and balanced to the children equally.

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Answered on 3/01/10, 8:08 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Norman - registration on the Deed controls the answer. Survivorship - all goes to spouse, no survivorship language, proceeds pass by intestacy laws (laws that tell how an estate is distributed when there is no Will).

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Answered on 3/01/10, 10:08 am


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