Legal Question in Real Estate Law in New York
Change ownership
My deed states joints tenants with rights of survivorship. I cannot leave this property in my will to my children. Is there any way I can leave it to my children and sever this ''right of survivorship''?
3 Answers from Attorneys
Re: Change ownership
I would need more information and all relevant documents to properly assess your situation, but there are several ways in which to unilaterally sever the joint tenancy and create a tenancy-in-common, which interest could be made to pass to your heirs or a trust naming them as beneficiaries. Feel free to call me if you have any questions. Again, I would require detailed information and documents in order to help.
Re: Change ownership
You can either buy out the joint tenant or bring an action for partition which will result in a forced sale with the proceeds beingdivided by the Sellers.
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
Re: Change ownership
Either buy out, force a sale, or get the deed changed to tenants in common which is the easiest. You can leave your interestto your kinds.
Feel free to contact me to discuss this further if you'd like. This is a relatively simple matter of preparing a new deed nad recording documents.
Good Luck
RRG