Legal Question in Real Estate Law in New York
my former husband died w/o a will. who gets ownership of the house and property in nys?
3 Answers from Attorneys
It depends on the wording of the deed. Consult a lawyer
Probably his heirs. Check the deed.
Good grief. The client said there is no will. Did you read the question??!?
The answer depends on many factors. When a person dies without a will, look first to see what property passes without probate: joint accounts, real estate held in joint tenancy or tenancy by the entirety. That property goes to the co-owner with relatively little trouble (though you may need clearance from the State of New York re inheritance taxes).
If the sole survivor is a spouse, the spouse takes all. A spouse and one child, half to each. Spouse and children one third to the spouse and 2/3 to the children.
Other level are out there: absent spouse and children we get into siblings, parents, even cousins.