Legal Question in Wills and Trusts in New York

Hello: My husband and I are owners of the house in Westchester, NY. After our deaths I want to leave the house to my 2 adult children. I want to create a trust. My husband doesn't want to create trust nor will. Can I create a trust without his permission or what can I do to make sure that the half of my house will go toward my children. What is the best situation in my case.

Asked on 11/29/18, 8:15 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Wow this is a very difficult situation. It is very it is going to be very difficult to accomplish your goals without the cooperation of your husband. In the first place you must determine how the house is owned: joint tenants by the entirety or joint tenants with rights of survivorship or tenants in common? Those are important points. If your husband does not agree then you would probably need to go to court and have the judge order a partition of the property. Have you thought about a divorce?

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Answered on 11/29/18, 9:30 am

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