Legal Question in Real Estate Law in New York

Joint tenant with Right of Survivorship Deed

6 brothers purchased land 60 years ago, deeded between them 'Joint tenant with Right of Survivorship'. 3 brothers passed away 40 years ago with the property passing to the surviving 3 brothers. 28 years ago the 4th brother decided to pass his share to his spouse, brothers 5 and 6 were not aware of this transaction. Brother 4 passed away 28 years ago, brothers 5 & 6 changed the deed to 'tenant in common'.

Based upon the timeframe for brother 4 (1978) could the 'Joint tenant with Right of Survivorship' deed be broken based upon NYS law at that time? Is the deed which brothers 5 & 6 had drawn up valid? Are both valid as filed? A search would show both?


Asked on 5/23/06, 1:43 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Joint tenant with Right of Survivorship Deed

The deed should not be valid to the spouse because the remaining owners need to sign the deed. If you need any assistance, feel free to contact me at 8782163 in your area code.

Good Luck

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Answered on 5/23/06, 2:54 pm


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