Legal Question in Family Law in New York

Re: vested marriage

My condolences on your loss.

Regarding your question; I will try to be very clear and specific.

The ownership of the house is not affected by whether a person has taken care of the house now or in the past. The ownership of the house will be determined by whose name is on the 'deed' and, if only the deceased person's name is on the deed, on the outcome of processing the estate.

The house (if no other name is on the deed but the deceased) will be a part of the estate and will be divided up (because there is no will) according to the laws of the State of New York.

Some will go to the children and some to the person married to the deceased at the time of death.

The estate will have an 'administrator' appointed and that person will make a list of all of the assets of the estate. The house will be included in this list. The administrator may decide that proper distribution of the estate requires selling the house and may petition the court to approve this decision. That is the only way the house will be sold until the estate is distributed.

It is possible that the estate can be distributed in such a way that 2 people get a part of the house. Each person would own 1/2 of the house. If 3 people get a part, then each could get 1/3 or one could get 1/2 and the other 2 get 1/4 each. My point is that it doesn't have to be divided equally.

I think I have answered all of your questions completely. if not, then you are welcome to a consultation in person for no fee.

Re: vested marriage

without a will the estate must be administered not probated but the proper papers must be filed before property can be transferred you can call me for a free consultation at 516 466 5297

Re: vested marriage

You may have to file papers in Surrogate's Court to obtain ownership. This depends on who is on the title. You should consult with an attorney on this.

If you would like further guidance, you may contact me for a no-fee consultation at (718) 491-3345.