My parents own a house in NY. Both of their names are on the deed, with "his wife" after my mom's name. If my father dies without a will, will his "share" of the house pass automatically ot my mom. In other words, will the courts assume they have joint tenants with right of survivorship or tenants by the entirety, even if the deed does not specifically state this?
Asked on 3/02/13, 1:17 pm
1 Answer from Attorneys
Richard Bryan
Richard Bryan Attorney PC
Yes if they're married the assumption is tenants by the entirety, which means once one dies the other assumes full and complete ownership. Nothing else has to be done.
Answered on 3/04/13, 12:09 pm
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