Legal Question in Wills and Trusts in New York

House inheritance by a spouse

In 1973 I purchased a condo 20 years prior to getting married. The deed is in my name only.The mortgage was paid off using my wife's and my own money. My will stipulates that whatever I owe will be inherited only by my wife.In order to avoid a probate all our assets (bonds,stocks,checking accounts etc) are in my and my wife's name.Considering the above circumstances is it neccessary to obtain a new deed with my wife's and my name on it if I want her to be able to sell the condo immediately upon my death?


Asked on 11/13/03, 11:17 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: House inheritance by a spouse

It sounds as if you have been preparing responsibly for your passing. This is not an easy thing. I was very proud of my father, who did the same.

A new deed in the form of 'joint ownership' is easy and simple. You do not need an attorney for this. Just follow the form of the current deed. If you need assistence, feel free to ask me. No charge.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 11/13/03, 1:40 pm
Arnold Nager Arnold H. Nager, Esquire

Re: House inheritance by a spouse

Yes. You should have a deed prepared from you to you and your wife, as Joint Tenants. Approximate cost= $75-$150 plus filing fees.

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Answered on 11/13/03, 6:21 pm


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