Legal Question in Real Estate Law in New York

If there are 3 owners on a property and 2 die is the 3rd owner considered the sole owner of the property even if one of the dead owners had a will?


Asked on 7/30/14, 8:36 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Not unless the title reads " jointly with right of survivorship".

Read more
Answered on 7/30/14, 8:40 am
kevin connolly Kevin J. Connolly

The answer is complicated. It depends on how title is held. For example, if the three are "joint tenants" then the survivors become the owners. If they are tenants in common, the decedents' interest goes to their estates or heirs. But the result is often muddied by adverse possession. You need to look at the deed or other instrument (such as a will). If the three got the property through inheritance from a person who died without a will, things can be even more complicated.

The law assumes a tenancy in common unless other facts are shown.

Read more
Answered on 7/30/14, 8:52 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York